Illegal Construction done by neighboring flat owner with help of builder, encroaching & compromising our privacy & safety.

[SwatiKedare]

I have purchased a property in XXX , flat No 204 bearing survey No XXX and C.T.S No.XXX in Mumbai – .After completing the legal formalities for possession, we started the furnishing work for our flat .We were shocked to see the construction work undertaken by the person who bought our neighboring flat No 203.He has used the the additional area projected by the elevated roof of the first floor to make an extended terrace setup that directly encroaches towards our privacy. To be very precise, that passage invades towards both our bathrooms. And this area was ideally not shown in the plan when we booked the flat .Also that person has constructed an open basin in the passage & has got a new pipe line constructed on the outside of my living room wall.
We had brought this to the builder's noticed and to our surprise, he said that he sold that area to our neighbor.This space was not shown in the original plan (brochure) that he showed us while booking the flat nor did they show this in the agreement copy. There should have been a concern of privacy & safety of other families before they do the business. He (builder) initially committed that he will stop the work and fix that by providing additional wall (even that solution compromises the ventilation) but later started inclining towards the other party saying that he is a big shot & he has got this flat after some pressure from some big Mhada officers. Later he tried covering our only ventilation to accommodate their requirement.
The builder is now forcing us to choose from either of two options;
1. You lose your privacy; & you will get proper ventilation- ignore if someone peeps into your bathroom.
2. We will cover up your ventilation, then you can keep your privacy.
Please let me know how do i go abt it..We are planning to shift there in a weeks time .But until this issue is not solved we cant.This is a clear case of illegal construction.And builder aint helping us he is not willing to go against that person.

[ganpat1956]

Sponsorer

This is an issue in which the RTI Act is not going to be of any immediate help to you. If the building plan you have mentioned in an approved one and there is a violation of the said approved plan, you have to take up the issue with the authorities who have sanctioned the plan. Again this also is likely to be a time consuming process. Please consult a good advocate and find out if there is a way to obtain an injunction to stop further encroachment and also to obtain an order from court to demolish the portion that has been illegally constructed.

[SwatiKedare]

Thanks for the prompt reply...I am wondering whome do i approach..In this case shud i be going to the BMC who have approved the plan? But i fear that my builder has already managed things and its quite possible that the space utilization must be shown in the blue print.Is there any other forum or authority that i can get help from.He had not mentioned about this to us while booking the flat .We feel cheated.