Apni Law Staff asked 7 months ago
In 2009, we, a group of 20 families, signed a notarized agreement with a builder for a G+2 building on our own land. The agreement included an extra 20 square feet per flat, which was granted on a temporary basis. However, at the time, the builder lacked ownership, conveyance rights, and BMC approval. We trusted him and vacated our homes, only to have them demolished later. The builder didn’t begin construction until 2015. Now, he has an approved plan for a G+7 building. Can we ask him to allocate us a larger area, given the plot is 250 square meters? Does the government rule on area allocation apply in this scenario?
Best Answer
Apni Law Staff answered 7 months ago
The government rule on area allocation might not apply in this scenario as the builder didn’t have the necessary permissions at the time of the agreement. You could potentially claim compensation for the demolition of your homes and the delay in construction, but demanding a larger area might not be legally viable given the lack of initial approvals and the builder’s subsequent approved plan for a G+7 building. It’s advisable to consult a lawyer to understand your specific legal options.
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