Delhi Development Authority (DDA) was established in the year 1957, with an object to create a balanced urban atmosphere, so that both the residential and commercial complexes will be constructed without any disturbance to each other´s work, continuous migration of residents from neighbouring states like Rajasthan, Madhya Pradesh, Haryana, Uttar Pradesh, Punjab has its own effect on the skyline of the Nation Capital. To provide residential accommodation for those who are in search of jobs and also to contact commercial complexes, community centres, shopping centres, many private real estate developers like Ansals, DLF Unitech, Eros, Parasvanath, etc. came into prominence overnight. Initially the private builders concentrated on developing big commercial centres but DDA is the only government agency for developing residential areas.
To relieve Delhi from the burgeoning growth and also to develop neighbouring areas like Gurgoan, Faridabad, Ghaziabad, Noida the Government came out with a National Capital Region Plan which involves development of regional towns, rural growth centres and centrally placed villages, purely based on the conciliating to economic activities and also to take advantages of proximity to Delhi. Everyday we are coming across instances wherein the builders cheat the common investor in one-way or the other. Voluntary Associations like Common Cause, Cuts, All India Consumer Education Society, Grahak Panchayat etc. are doing yeoman´s service by protecting the interests of consumers and extending timely legal advice and assistance.
Another source of common disturbance to the residents of residential colonies is unauthorised construction activity initiated by the greedy and resourceful owners without bothering about the rules of the DDA/Delhi Municipal Corporation Act. Some resident occupants of the residential complexes are running flourishing businesses from their own houses also extending their carpet area and creating continuous source of nuisance to the other residents of the building. This is also a reason for the growth in the crime rate at the Capital.
Sparing some thought for property owners allegedly duped by builders, including those who were not informed about illegal constructions on their premises at the time of sale, the court asked the civic body to display the list of illegal constructions with names of their owners on the MCD website so that residents could take corrective steps of their own. ?The citizens should know who the violators are,? the court said.
The basic point which the building owners are missing to understand is that the building on which they made alteration cannot hold more than the original load bearing capacity and due to extra load the foundations may weaken in the long run thereby making the whole building uninhabitable. Besides this, Delhi city being in the sensitive systematic zone and in case of any eventuality both the life and the property of residents of the complete area will be in danger.
Precaution; Check whether the Corporation has issued building completion certificate and also see whether builder has taken C &D certificate as a proof of clean construction, as this certificate only certifies that the builder has paid for water and sewer connections to the building. You can also hire an architect for verification. You can get a copy of the architectural plan of the house from the MCD building department and get it checked on site by the architect. If there is offence in the construction, then find out whether the offence is compoundable or non-compoundable offence. In compoundable offence only fine is required to pay whereas in non-compoundable offence occupants will have to bear the brunt. Also check whether the builder has paid the property taxes, water charges, electricity charges fully. Also ensure that there are no dues pending with the MCD. You also need to make sure that the flat you are buying is on freehold and all dues are fully paid.
(The author can be contacted at N-11/3, DLF-11, Gurgaon.)
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