Occupation in the Stilt floor
I have purchased a builder floor in Delhi. I have a right of one car parking in common parking space provided in the stilt floor. Building has 4 floors along with stilt floor. The owner of building from whom we have purchased floor, have sheltered care taker & his family in stilt floor. There is no room/quarter in stilt floor. Caretaker is living in stilt floor & separated rest of parking hanging big curtains. We do not have any sanctioned plan from MCD. In sale, there is only mention about common parking space in stilt floor. No other things are mentioned about stilt floor in the sale deed. In unified building by-law Delhi 2016, stilt floor defination is "Stilt or stilt floor means non habitable portion of a building above ground level consisting of structural columns supporting the super structure with at least two sides open for the purpose of parking cars, scooters, cycles and landscaping." My question is 1) Can owner of the building shelter Caretaker & his family in stilt floor? 2) How to vacate stilt floor?
No, owner can not shelter caretaker and his family in stilt floor as the same is non-habitable and so not permitted. Occupation of caretaker and his family is therefore, illegal. all the occupants of the building jointly make a complaint with the police and MCD also serve a legal notice upon the owner of the building for eviction of caretaker and his family. If he does not do the needful, file suit for eviction against him.For any clarification and or legal help you may contact me. I am in Delhi High Court.
I am sure in the sale agreement executed between you and the builder, it has been mentioned that you have joint ownership of all common areas. Hence, the builder having put up the caretaker in the slilt parking is an encroachment on your right to the common area and in such case you have a right to seek redressal of your grievance. Even if he is the building owner, he has no right to give any portion of the slilt to be used as a parking to the caretaker and his family as the area is non-habitable. Occupation of caretaker and his family is therefore, illegal.
Normally car parking and open terraces are a part of the society's common area. They are not part of the FSI (floor space index) allotted to the developer. Hence, he has no right to charge any money for this space or let out the same for any commercial purpose.
In a recent judgment, (Belaire Owners Association Vs DLF&Others – case 19 of 2010 decided on 3rd January 2013), the Competition Commission of India, too, pointed out that the parking area cannot be charged for separately and must form a part of the common area and facilities. Supreme Court has said car parking slots forms part of common area for benefit of all members.
Thus slilt parking can be used only for parking purpose. It cannot be used as servant quarter or for any offices of commercial nature.
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