Flat registry possible only after multistory full development according to High Court Decision
A builder had encroached 10 feet of road area in the multistory building in Sikar. The Government has to take action upon it.
High court has given orders to the builders to not go forward with registry of uncompleted multistory buildings. Also, they would have to show a certificate of completion of the building. Also, this would curb the unfair and illegal encroachments that have been happening amongst the builders. The high court has given orders to the deputy registrar to send this order copy to the ACS UDH. This final order was put forward after the appeal of Mr. Chirnajilal Pilania of Sikar.
The high court has also put forward a suggestion for people planning to buy property in any multistory building that they should that the map and blueprint of the developing building has been passed by the concerned authorities. This will help create awareness amongst public, as it is not possible for the government to stop all illegal constructions at a point of time.
Rajasthan High Court has given an order to the Sikar Parishad that they should take compound related decision in the illegal property matter in Sikar. If the builder is suffering from the order then he can appeal at DLB and the DLB needs to give a decision in 15 days. If the decision comes against the builder then the court needs to take action against the builder and send notifications o the builder and the flat owners and demolish the building as applicable. If the flat owners are suffering then they can put forward their view in the appeal.
This was the case –
According to Anoop Dhand, Dev developers of Sikar had taken g+3 permission from Sikar Parishad on the land bought by them. But the developer encroached the pathway too and built g+4 on the premises. The neighbor put his application against the builder at state government, jila collector and Nagar Parishad offices.
Parishad agreed that the development was illegal and gave notice to the builder to demolish it. But the building was not sealed. The developer took advantage of the situation and started selling the flats in the building. This matter was again sent to high court. The high court asked the report from Jila collector. Then it came forward in the picture that the developer even encroached the ten feet road area in the building premises. He didn’t even leave setback and built G+4 instead of G+3.
