Your reg­is­tered flat could be ‘unau­tho­rised’

Au­thor­i­ties are al­legedly reg­is­ter­ing all types of apart­ments in Delhi NCR with­out the req­ui­site checks, re­ports Jee­van Prakash Sharma

HT Estates - - Front Page -

When 42-year-old busi­ness­man Vikrant Verma (name changed) bought a flat in a group hous­ing so­ci­ety in Ghaziabad and got it reg­is­tered, he thought all for­mal­i­ties re­lated to the pur­chase had been com­pleted. How­ever, much to his hor­ror just a few days af­ter the reg­is­tra­tion, the Ghaziabad De­vel­op­ment Author­ity (GDA) sealed the apart­ment al­leg­ing FAR (floor area ra­tio) vi­o­la­tion.

“The de­vel­oper had built 50 apart­ments in ex­cess of the num­ber sanc­tioned by the GDA for that par­tic­u­lar project and sold these to buy­ers un­aware of their le­gal sta­tus. Things would not have gone out of hand had the de­vel­oper ob­tained a com­ple­tion cer­tifi­cate from the GDA — which helps prop­erty buy­ers get de­tails of a prop­erty. Strangely enough, even though the de­vel­oper man­aged to dis­pose of these ‘unau­tho­rised’ apart­ments, the rev­enue depart­ment went ahead and reg­is­tered them with­out ver­i­fy­ing their le­gal sta­tus,” says Verma.

This is a mat­ter of great con­cern for peo­ple who are in­vest­ing their life­time sav­ings in prop­er­ties.

HT Es­tates has been in­formed by con­sumer ac­tivists and RWA of­fi­cials that once a house is reg­is­tered, it is pre­sumed to be legally safe and free from all en­cum­brances, but con­trary to pop­u­lar be­lief, thou­sands of prop­erty buy­ers in Delhi, Ghaziabad, Noida, Gur­gaon and Farid­abad have suf­fered huge fi­nan­cial losses and phys­i­cal and men­tal harass­ment even af­ter pay­ing stamp duty and reg­is­ter­ing the prop­er­ties with the au­thor­i­ties. The rev­enue de­part­ments al­legedly reg­is­ter such prop­er­ties with­out check­ing the com­ple­tion cer­tifi­cate of the project. The com­plete lack of co­or­di­na­tion be­tween the rev­enue de­part­ments and the de­vel­op­ment au­thor­i­ties is en­abling many real es­tate de­vel­op­ers and agents to cheat cus­tomers.

Le­gal ex­perts say that a com­ple­tion cer­tifi­cate is a pre-req­ui­site doc­u­ment for prop­erty reg­is­tra­tion. S K Pal, a Supreme Court lawyer who is fight­ing many cases for res­i­dents’ wel­fare as­so­ci­a­tions (RWAs) in courts, says, “The two hands of the gov­ern­ment — the rev­enue depart­ment and de­vel­op­ment au­thor­i­ties — can’t go in dif­fer­ent and op­po­site direc­tions. A com­ple­tion cer­tifi­cate is manda­tory for reg­is­ter­ing any prop­erty but, un­for­tu­nately, due to pres­sure to col­lect more rev­enue, the rev­enue de­part­ments vi­o­late the law.”

When a de­vel­oper gets his con­struc­tion plans sanc­tioned from the de­vel­op­ment author­ity, only the lat­ter is in a po­si­tion to check if the con­struc­tion has taken place as per the sanc­tioned plan.

“So once the de­vel­op­ment author­ity is­sues a com­ple­tion cer­tifi­cate, it means that the con­struc­tion has taken place ac­cord­ing to the sanc­tioned plan and all the res­i­den­tial units get le­gal pro­tec­tion,” says Alok Ku­mar, vice chair­man, RWA fed­er­a­tion, Ghaziabad, who has filed a PIL in the Al­la­habad High Court high­light­ing the is­sue in Ghaziabad.

Nitin Sax­ena, a con­sumer ac­tivist, al­leges that there have been cases in Gur­gaon of even well-known de­vel­op­ers con­struct­ing dwelling units in ar­eas ear­marked for parks and community cen­tres. A de­vel­oper in Sec­tor 56, Gur­gaon, has al­legedly built flats on the ter­race in vi­o­la­tion of sanc­tioned plans.

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