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1998 Supreme(AP) 787

Andhra Pradesh High Court
Judges : B.S.RAIKOTE
CSR EStates, Flat Owners Welfare Association, Kothapet, RR Dist. - Appellant
Versus
hyderabad Urban Development Authority, Secunderabad - Respondent
Decided On : 11-02-98

Headnote:AP APARTMENTS (PROMOTION OF CONSTRUCTION AND OWNERSHIP) ACT, 1987 - -Secs4, 6 & 11 - After declaration of plan bybuilder u/S4, builder has no right to touch the plan or declaration plan as provided for whatever reasons - If there is to be any modification to original building as per the plant, it shall be with consent of the flat owners - According to approved plan whatever space is left for car parking in the stilt floor and in whatever the space left in other floors as per the plan the same can not be modified at all - When once the first flat is purchased by any person, for first time, such purchaser and builder become common owners for all the amenities and facilities that are to be provided, only according to plan approved

       Builder cannot rely upon a clause in the sale-deed for purpose of seeking a modified plan to put up further constructions - If according to the plan already declared u/Secs4 & 14 of the Act, if some more construction is to be done, at the most the builder can complete that and he cannot putup any further construction

B. S. RAIKOTE, J.

( 1 ) THE petitioner, CSR Estates Flat Owners Welfare Association, Kothapet, Ranga Reddy District, has filed this writ petition for a writ of Mandamus or any other appropriate writ, order or direction declaring the action of respondent No.) i. e. , Hyderabad Urban Development Authority, in granting modification in building permission vide proceedings No. 696/p4/h/94datcd2-l-1988, in favour of respondent No. 3, as illegal, arbitrary and contrary to law. By the impugned proceedings, the respondent No. 1 has permitted certain modifications and alterations in the original sanctioned plan dated 19-7-1991 in favour of the respondent No-3, who is a builder. This action of respondent No. l is now being challenged by the petitioners Association.

( 2 ) IN the affidavit filed in support of the writ petition it is alleged by the petitioners Association that it is a registered Association under the Societies Registration Act and the petitioners association consists of all the flat owners residing in the apartments known as CSR Estates, situated at Kothapet, Ranga Reddy District. The respondent No. 3 is the builder of the said apartment. It is further stated that the respondent No. 1 - Hyderabad Urban Development Authority notified certain sites for apartment housing at Saroomagar in the year 1989, inviting buildings to purchase plots of 1,200 Sq. Mts, each, in public auction for the purpose of building residential complexes in 48 plots. The said notification issued by respondent No. l further stated that the purchaser of plots will be permitted to build ground floor, plus three storeys or ground floor plus four storeys, in case they decide to leave ground floor for parking, in case the purchaser chooses the second alternative, a minimum of I/3rd of the parking area will have to be kept for open parking and it shall not be sold to any prospective purcliaser of flats. The writ affidavit further states that in pursuance of the said notification, the respondent No. 3 applied for allotment of plot and he was successful in getting plot No. 42, admeasuring 1,280 sq. mts. at Kothapet. He applied for permission to construct apartment complex consisting of stilt and four floors. Accordingly, this plan was sanctioned by respondent No. 1 on 19-7-1991 and according to such plan, the stilt area consists of generator room, A. C. plant, electrical cabin, watchman room, store room, office room and open parking area of flat owners, which will be a common area. The construction was started in the year 1991 and it was completed by 1993 and in all 42 flats were built. Immediately thereafter, the members of the petitioners association purchased the flats by entering into agreements with the respondent No. 3 and accordingly, the sale deeds were also executed in favour of some of the flat owners and they arc yet to be executed in case of some other flat owners. The respondent No. 3 has charged Rs. 20,000. 00 extra for each flat owner towards open parking in the stilt. They further contended that each flat owner became the owner of undivided land approximately at 16. 7 sq. mts. , out of the total land. The respondent No. 3 being a greedy builder did not complete the construction in time in all respects and he did not put up the compound wall. When the flat owners wanted to put up a compound wall, he went to the Civil Court and obtained an injunction against them in OS No. 444 of 1997 and on the application filed by the members of the petitioners association, the said injunction was vacated and ultimately the petitioners constructed the compound wall. The respondent No. 3 thereafter planned to convert the stilt area into closed malgics, so that he could lease them out to various parties for running shops, which the petitioners were opposing. But the respondent No. 3 was harassing the petitioners by filing police complaint, criminal cases etc. The respondent No. 3, in order to achieve his object, has applied to respondent No. l for sanctioning
















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