I have purchased a roof of a multistory of 6 flats. it is clearly mentioned in others flat owners registry that they do not have any right to entertain roof facility.This is G+2 multistory and there are 6 flats in this multistory and there are 6 families are residing here.I have tried to take consent/permission from municipality or Town and country planing department to new construction over the roof but concerned departments has refused to permit to further construction. As per map we can make 268 sq ft construction over the roof. but when their department Representative visited the area they told this multi is already covered beyond the permission hence they can not permit to further construction.
In addition to this All six parties of residing in that premises have filed a case in the court with following statement: 1. they have right to use the roof area ( whereas it is clear stated in their registry that they can not go/entertain roof facility)
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They have filed the case section under 307(5)which is meant for encroachment or illegal construction ( actually I have constructed one room and covered "TIN SHED" on the roof though i have already left passage of 200 sq ft(roof) to the other flats owners a courtesy.
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I don not understand how to handle this situation. Our advocate is saying that our part is weaker than petitioner(who has filed the case).he has suggested to linger on the case as much as we can.
We don't have expertise to comment on such legal issues.