Gurgaon:
Residents of Brisk Lumbini in Sector 109 have sought enforcement action against an alleged unauthorised floor constructed above the sanctioned 13th floor of Tower C. The demand comes after the district town planner (planning) confirmed that the approved building plan, occupation certificate and deed of declaration do not mention a 14th floor.
The issue concerns flat C-132 in Tower C. The Brisk Lumbini Apartment RWA said the flat's conveyance deed contains a reference to 'Exclusive Terrace Rights at 13th & 14th Floor', prompting it to seek verification from the planning department.
In a communication dated Aug 4, DTP (planning) confirmed that there was no mention of a 14th floor in Tower C in the approved building plan, occupation certificate or deed of declaration.
The communication, addressed to the director, town and country planning, Haryana, also noted that the builder's conveyance deed and deed of apartment for C-132, described as a 13th-floor unit, contained a reference to exclusive terrace rights at the 13th and 14th floors. The department noted that this was contrary to the approved building plan and occupation certificate, which did not provide for such a floor in Tower C.
The department's communication also states that a complaint filed by RWA president N K Sharma had been forwarded by the Gurgaon deputy commissioner and examined by the department. The matter was subsequently referred to the directorate for instructions on rectification of the deed of declaration by the developer, if required.
The RWA said a representative of the DTP (enforcement) office had also inspected the site and seen construction and occupation over the roof of the 13th floor of the flat.
In a representation dated Aug 25, residents asked the department's enforcement wing to take the inspection findings on record and initiate appropriate action if the construction is found to be unauthorised.
The RWA has sought removal of the alleged unauthorised construction and restoration of the roof area in accordance with the sanctioned plans, besides any other action warranted under applicable laws and building regulations.
The developer could not be reached for a comment on the allegations.
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