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- Terrace is common space. The Lady has no right to lock the terrace and treat it as her own. Ask her to remove the lock or share the keys. Complain to your RWA. It doesn't matter whether she doesn't trust anyone or not, it doesn't give her any right to occupy / encroach upon common shared space.
Many top floor owners in DDA flats illegally occupy and do unauthorized construction in terraces and other common space like backyards and pavements. These are common problem with DDA flats. Usually all owners in building collaborate to encroach backyards and front pavements to do illegal constructions.
If you want to be sure about terrace rights, just file an RTI with DDA about this. You will get written reply from DDA in 30 days and can show it to that lady as well as your RWA.CommentQuote0Flag
- As far as right of the terrace is concerned , its the top floor owner , who is having exclusive right to use the terrace , subject to the condition that the other allottees of the vertical stack would be permitted to use the terrace for maintenance of tanks and installation of dish /antenna. it has been clarified in a RTI filed by one Ms. Beena Shah. being no. F2(6) Enf/04/924 ( i can mail you the same ). and also if you see the guidelines of the DDA alteration and modification. It is the top floor owner only , who can construct a barsati adjoining to the mumty in the terrace.that too without anyone's consent but yes an approval from dda/mcd is required. But , it is true that she can not deny you to enter the terrace to check your water tanks and dish antennas. She will have to permit you for that.CommentQuote0Flag
- Originally Posted by amit.k1718As far as right of the terrace is concerned , its the top floor owner , who is having exclusive right to use the terrace , subject to the condition that the other allottees of the vertical stack would be permitted to use the terrace for maintenance of tanks and installation of dish /antenna. it has been clarified in a RTI filed by one Ms. Beena Shah. being no. F2(6) Enf/04/924 ( i can mail you the same ). and also if you see the guidelines of the DDA alteration and modification. It is the top floor owner only , who can construct a barsati adjoining to the mumty in the terrace.that too without anyone's consent but yes an approval from dda/mcd is required. But , it is true that she can not deny you to enter the terrace to check your water tanks and dish antennas. She will have to permit you for that.
I have personally met with DDA/MCD officials and clarified this issue. I don't know if you are talking about some specific DDA allotments where top floor owner has right over terrace. In my area in Mayur Vihar, top floor owner has no rights on terrace. Terrace are common utility space and no one has any exclusive right over terrace. Terraces are only meant for water tanks. No one can build any permanent construction on terrace. And if any resident of building wants to do any PUKKA construction even in his house (covering courtyard etc), he has to take NOC from all the owners in same vertical stack of building.
DDA/MCD does not approve any PUKKA construction in common utility space. Any construction in common utility space is classified as unauthorized encroachment.CommentQuote0Flag
- Dear Amit,
I don't know about the present state of affairs regarding terrace rights in DDA flats. I was involved with this situation many years ago so don't know if DDA has changed any rules.
Delhi High Court in 2003 ruled that terraces are common utility area and no owner can stake exclusive claim on terrace. High court also ruled that no construction can be carried out in terraces and other common spaces.18. Common areas or common portions must remain common to all the allottees and cannot be grabbed by any particular allottee or group of allottees for their exclusive use. Insofar as exclusive use of the top portions by the top floor owner is concerned, we feel that the top terrace is a common portion as described in the DDA Regulations of 1968 and the use of the same is not exclusive to the top floor owner.
19. If encroachments upon common portions are found, it is for the Welfare Association, in the first instance, to persuade the offenders to remove the encroachments, failing which it be brought to the notice of the DDA and MCD for penal action including demolition. The DDA and MCD should also conduct periodic surveys to ascertain whether common portions are being encroached upon. If they find that this is so, they should give notice to the Welfare Association and the offending flat owners to remove the encroachments within a stipulated time. If they still do not do so, the authority, i.e., DDA and MCD would be well within their rights to carry out the demolition with police help.
However, DDA has now allowed some additions and alterations in DDA flats including construction of Barsati by top floor owner. But NOC of flat owners is required to raise permanent construction in same vertical stack.
Please post Document images with attachment of DDA RTI and Delhi High court order which you are talking about (you can blacken your personal details). Any clarification on this issue will be appreciated.CommentQuote0Flag
- sure Mr. Bhartiya.CommentQuote0Flag
please go through this judgment , regarding no need of NOC from other floor owners, applies to DDA flats also!!!!CommentQuote0Flag
- Originally Posted by amit.k1718https://indiankanoon.org/doc/686215/
please go through this judgment , regarding no need of NOC from other floor owners, applies to DDA flats also!!!!
I know that many relaxations have been made in terms of layout approval and alterations for PLOTS in Delhi. However DDA Flats are different thing. In 2010, my neighbor applied for regularization of construction (coverage of courtyard) in DDA flat. Application was approved only after he submitted NOC of other owners in same vertical stack. Along with NOC, he also had to submit proof of ownership of other occupiers (to make sure that NOCs obtained are genuine). So he had to obtain copy of property tax receipts from other owners of building and submitted them along with NOCs.
In my knowledge, the provision for NOC is mandatory in DDA flats. On DDA website also, its mentioned that NOC (along with proof of ownership of person signing NOC) of other owners of building is required for regularization of construction including coverage of terraces.
https://dda.org.in/tendernotices_doc..._additions.pdfIn cases where permission is required for interchanging the position of kitchen, bathroom & WC or for additional coverage in courtyard and terraces, all the owner(s) of one vertical block will jointly submit the proposal to DDA/MCD. In case, where all the owner(s) of one vertical block are not interested to carry out the addition/ alteration but one or two of them are interested, they will have to obtain no Objection Certificate from the remaining owner(s).
Proof of ownership documents: Lease deed / conveyance deed shall be taken as documents for the proof of ownership. Registered sale deed or general Power of Attorney /Agreement to sale shall be accepted as the proof of ownership only after the property has been converted into freehold by DDA. This will also be required from the owner(s) who have given NOC only.
- DDA reply regarding terrace right in a DDA flatCommentQuote0Flag
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Do not post personal information, such as full names, email addresses, numbers, or home/business name/addresses on the forum. If you feel the need to disclose this information, do it in a private message. Posts containing personal information will be deleted. Revealing real world information about a member, administrator or moderator is STRICTLY PROHIBITED, regardless of the source, public or private. This includes any information about a forum member that reveals an individual's legal name, address, occupation or other sensitive or personally identifiable information.CommentQuote0Flag
- 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.CommentQuote0Flag
- please find the attachment regarding terrace right in dda flat ;
- 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?CommentQuote0Flag
- 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.CommentQuote0Flag
- 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.