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Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

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Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

Last updated: 1 week ago
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  • #11

    #11

    Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

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    • #12

      #12

      Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

      Mr Amit. You have posted 2 high court orders regarding issue of NOC. In first HC case dated 2015 (Shanta Duneja vs MCD), HC has refrained from commenting on whether NOC is required or not.

      In 2nd HC case dated 2016 (Jayesh vs DDA) you have posted. Its stated by HC that NOC from other owners is required in DDA flats for coverage of Courtyards.


      1. Present writ petition has been filed seeking a direction to respondent- DDA to approve the construction plan in courtyards of Flat Nos.35 and 36, DA Block, Shalimar Bagh, Delhi-110088 without insisting on an 'No Objection Certificate' from other occupants.

      2. It has been averred in the petition that on 29 th January, 2016, petitioners submitted the sanction plan for courtyards for approval without NOC from other co-owners.

      3. Mr. Hemant Singh, learned counsel for petitioners states that despite making number of representations to the respondent, no response has been received till date.

      4. Mr. Hemant Singh submits that a Division Bench of this Court in Municipal Corporation of Delhi Vs. Smt. Usha Devi Sharma, 127 (2006) DLT 275 (DB) has held that since the bye-laws envisage separate ownership in the property of different dwelling units, there is no requirement in the bye-laws that owners should give the No Objection Certificate and sign the application jointly for sanctioning the construction plan.

      5. Learned counsel for petitioners further submits that the consent/NOC from the other occupants is not warranted by any provision of Building Bye- laws 1983.

      6. In response to a pointed query, learned counsel for the petitioners admits that the courtyard is a common portion which is neither mutated in petitioner's favour nor owned by the petitioner exclusively.

      7. The Division Bench in Municipal Corporation of Delhi Vs. Smt. Usha Devi Sharma (supra) has approved the following reasoning of learned Single Judge "Once the property is segregated into different portions and mutated accordingly, there cannot be any requirement of all the co-owners to sign the building plans. If the plot and the building are both co-owned, then only the requirement for such co-owners to sign may at all arise. The segregation of interest of the different co-owners is recognized by the respondent Corporation by mutation of the different portions in individual names of different persons. The fate of an individual owner cannot be dependent on the pen of a persons, who happens to the owner of a different portion of the building. Thus, there cannot be any requirement of signatures of all the co-owners."

      8. Since the courtyards are co-owned by all the owners of the building, there is a requirement for such co-owners to sign the building plan and issue an NOC.

      9. Keeping in view the aforesaid interpretation of the Division Bench's judgment in Municipal Corporation of Delhi Vs. Smt. Usha Devi Sharma (supra), respondent-DDA is directed to dispose of the application filed by petitioner within four weeks.

      10. With the aforesaid observations and direction, present writ petition and application are disposed of.

      HC has interpreted MCD vs Usha Devi judgement and correctly concluded that NOC is required for coverage of Courtyards in DDA flats.

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      • amit.k1718
        amit.k1718 commented
        Editing a comment
        kindly see para 6 of the judgement

        6. In response to a pointed query, learned counsel for the petitioners admits that the courtyard is a common portion which is neither mutated in petitioner's favour nor owned by the petitioner exclusively.
        so since as per the DDA's own version ,the top floor owner is the exclusive owner of the roof terrace (media link attached), no NOC from other floor owners is required for sanctioning of the plan for the permissible structure on the roof.
    • #13

      #13

      Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

      please find the attachment regarding terrace right in dda flat ;
      https://www.mediafire.com/file/utw4b...ti%20reply.jpg

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      • Bharatiya
        Bharatiya commented
        Editing a comment
        Thanks for link
    • #14

      #14

      Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

      Thanks for posting the link. In RTI, DDA has stated that construction on terrace is subject to guidelines of Additions and alterations. DDA addition and alterations guidelines (as mentioned on DDA website) clearly states that NOC is required for raising any construction on terrace.

      Also exclusive rights do NOT mean ownership. Sir, DDA flats bahut complicated cheez hai. When DDA flats are allotted, you only become owner of your housing unit. You get right to use common utility space but you are not owner of that space. DDA flats do not have simple segregation as there are in builder floors on plots. Hence addition alteration guidelines for DDA flats are in excess to normal building code guidelines. There are lot of things you can do in Builder floors on Plots but cannot do in DDA flats without taking NOC from other people in same building. For e.g changing position of Kitchen/Bathroom/Toilet, covering courtyards, removing load bearing walls, changing sever/drainage position etc etc.

      Anyway, i will dig up more about it when i get time. Do you know any person who has regularized construction on terrace without submitting NOC from other owners?
      Last edited by Bharatiya; 1 week ago.

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      • #15

        #15

        Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

        yes there are many as i have been informed , but i have not approached them for this ( since i am confident that NOC is not required now a days ), but still ,we can ask DDA by way of RTI, and you are right and indeed , DDA flats are very complicated thing . but atleast DDA should clear the ambiguity and let not the other floor members harass the top floor owner for so called maintenance of tanks and dish antenna ( which hardly require a day in a month /year for the same ) , i have seen ppl breaking locks and fighting to gain access for sunshine during winters/parties and also for drying of their clothes . Regarding courtyard also ( in jayesh versus DDA ), i believe DDA had granted the sanction without NOC to him also , that document can also be procured from DDA in RTI. I hope masterplan will cover many more things. anyhow it was indeed a healthy and reasoned discussion with you.
        Last edited by amit.k1718; 1 week ago.

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        • #16

          #16

          Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

          Sir, something about DDA flats.

          DDA flats are allotted on as is where is basis. Allotment letter and conveyance deed clearly indicate the ownership of housing unit and nothing else. There is no ownership provision about terraces, staircases, common courtyards, backyards etc etc. These are common utility spaces. This was also validated by HC in 2003.

          But as you know problems with unauthorized constructions in DDA flats. People started grabbing front yards and backyards, covering their balconies, top floor owners grabbed entire terrace and built a new floor !! Due to this mess, whole lot of disputes arise. To solve some of these problems, DDA on instructions of Ministry of UD created provisions of additions/alterations in DDA flats and process of regularization. Many of these provisions are themselves confusing and vague. You can see the huge number of RTI inquiries about these guidelines. DDA/MCD doesn't give any clear response on them. In 2010, CIC Commissioner Shailesh Gandhi noted that no clear guidelines for terrace rights/ownership exist and asked MCD to give clear notification on its website on this. But MCD never gave any notification.

          Its not that top floor owners are harassed by lower floors owners. Its also the other way around. In many cases top floor owners harass lower floor owners. Many top floor owners have grabbed terraces and Built entire new Flat on terrace. A building of 3 floors in converted into building of 4 floors thus endangering the structural stability of building.

          People like to interpret law to their own convenience. In very simple terms, any DDA flat owner can check his conveyance deed which mentions all provisions of allotment. There is no provision which states that terrace or any common utility space is exclusive property of any owner.

          Also exclusive rights doesn't mean ownership. I have exclusive rights to use my courtyard but i still can't cover my courtyard without NOC from other owners. I have exclusive rights of my flat but still can't change position of my kitchen/Bathroom without NOC from others.

          Sir, DDA flat ke bahut pange hai. Kuch bhi clear nahin hai. Aur na kabhi clear hoga. Aur DDA/MCD ka kaam hai citizens ko confuse karna. CIC mein dekho kitni RTI hain par DDA/MCD kabhi koi theek se jawab nahin deti. MCD/DDA ko toh ab khud nahin pata ki kya legal hai aur kya illegal.

          Comment


          • amit.k1718
            amit.k1718 commented
            Editing a comment
            that is very true, sab jhol hai , but thats why ppl prefer DDA flats , yahan badao , wahan badao types, i am sending you a lower court judgment , in this a DDA official from Enforcement was examined ( check para 12.8 ) this is regarding your query, and i am not saying about the ownership right , i am talking about the exclusive right over the terrace and to construct a barsati without NOC.

            https://indiankanoon.org/doc/53442142/
            Last edited by amit.k1718; 1 week ago.

          • Bharatiya
            Bharatiya commented
            Editing a comment
            Thanks for update sir.
        • #17

          #17

          Re : Regarding Terrace rights in DDA Flats, Dwarka, New Delhi.

          DDA flats ke pangey. An owner of 3BHK 1000 Sqft ground floor owner encroached backyard and frontward and converted his flat into 5 BHK of 1700 Sqft. A top floor owner 2 BHK LIG flat 700 Sqft covered balconies, front yard, backyard and grabbed terrace to build a complete new floor. Converted his 2 BHK 750 Sqft into Duplex 6 BHK 2000 Sqft. Ground floors owners putting submersible pumps in Bank yards and 2000L underground tanks also. Ground floor owners also grabbing side streets, pavements, front roads and even DDA parks not spared and converted into personal gardens.

          Govt has passed Delhi Special laws act which has practically legalized unauthorized construction. No one cares about addition alteration guidelines in DDA flats now days. Most owners of DDA flats of building collude together and grab whatever area they can to expand their houses.

          http://www.dnaindia.com/delhi/report...ays-hc-2058452

          Comment


          • amit.k1718
            amit.k1718 commented
            Editing a comment
            Jhagdo ka pandora box hai, dda flats ke system!!!
            yes, THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS
            (SPECIAL PROVISIONS) Act is another thing , which ppl are not much aware of , but it does not apply to illegal construction in a government land !! so such construction wont get immunity of this act !!!
            also in Dwarka , FAR has been increased by the MCD ( and now two bedroom flat in a society in Dwarka , has turned into 4 bedroom flat) !! so DDA flat owners have increased the FAR way back on their own,!! :-)
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