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Illegal shops in a residential flat


Date: 08 Sep 2016    Group: Lawyers    Category: Indian Law   

We are staying in an apartment at Hyderabad. There is lot of parking problem in the building.
Before that,I would like to give the history of the flat.
Four owners of the plot were given frontage of the building for flat promotion. Instead of leaving the space for car parking, the builder has constructed three shops for the owners of the flat. And also these owners are enjoying the car parking space. All the other owners are suffering without sufficient car parking space within the building.
One more thing is, some time back there was some problem from GHMC and the owners bribed them and the back portion of these shops were covered with wooden plank. My question is, firstly, whether these shops are legal?

Secondly, in the association meeting everybody was asked to show the car parking allotment from the builder. One of the owner of the plot, who is also owning the shop, showed the document which is dated July 1998 ( Flat promotion agreement took place only in 1997) but the stamp paper dated is October 1993. And also I have my own doubts that the builder's signature is different from the original. Hence, my question is whether the stamp paper is valid i.e before the agreement means 1993?

Hence I request your advice on this issue how to solve the parking problem and also how to approach GHMC for demolition of the shops to get sufficient parking space for all?
Experts: do guide.


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Author: Kailash Kumar    09 Sep 2016      Member Level: Platinum     Points : 3  (Rs 3)    Voting Score: 0

On the website of Greater Hyderabad Municipal corporation (GHMC) - http://www.ghmc.gov.in/, there is section 'Register or View status of your Grievance' on the right bottom side. The author may consider lodging his grievance on the said system duly following the procedure regarding the same.

The other alternative is to contact a reputed local lawyer and discuss the matter with him/her together with relevant original documents in case so required. It may be noted that the although the author can vent his feelings by raising the subject matter on a public forum but meaningful/concrete results cannot be obtained through discussion alone.


Author: Venkiteswaran.    09 Sep 2016      Member Level: Diamond     Points : 2  (Rs 2)    Voting Score: 0

It is almost10 years or more since the flat construction was started and initial flats ompleted. It may not be so easy now "..for demolition of the shops to get sufficient parking space for all? " . Even the shop owners have there own grievances and interests. So they will also oppose any action which harms them.
The best way is to work a practical formula on compromise and mutual accommodation. As one of the shop owner is land owner also, he may have more influence and more reasons in his side.

You have to first asses how many people will be with you when any action is initiated. Will the maximum or majority of the association have similar view and wish like you? Then first meet the builder and ask him why he has breached his promise? If he does not yield to wisdom , then file breach of contract and cheating case against him and make others also party to that. But ensure that you have documentary proof to prove your side. Verify with the Municipality and se how sanction papers are there-residential or part residence and part commercial. Check whether there is provision for parking in the application and sanction..

But by this you risk relations and may even create enemies.
So again, my suggestion is to try for a negotiated settlement with a win-win situation.


Author: Mahesh    10 Sep 2016      Member Level: Gold     Points : 2  (Rs 2)    Voting Score: 0

If the builder has circumvented the rule and made the parking space for the business purpose then you can lodge the complaint to the municipality. And they should be taking care of the issue. most likely this goes under the rule where the municipality is going to take the action on both from the society act and also for the business space related issue. So this should be resolved on the legal side. Just in case if this issue gets into legal action side you may want to be prepared on that front.

You can also resolve this by forming the society members union and get to know the rules that applies for the society act. And that way you can make the builder to cut the space for the other resident members. That should solve the problem for illegal stay.





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