Stop illegal construction at Elita Garden Vista, Newtown, Kolkata
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1) The Elita Garden Vista Project was launched in 2007 by M/s Magus Bengal Developers Pvt Ltd (which later became M/s Keppel Magus Pvt Ltd), and the apartment owners entered into an agreement with them as a purchaser of flats in the same complex starting from Dec 2007 onwards.
2) As per our sale and purchase agreement, the project was supposed to be completed on 30/06/2011, and latest by 31/12/2011. But till date the project is incomplete and the developer has failed to provide even the essential services like electricity and water (individual electricity connection of WBSEDCL and NKDA water supply, which is partly operational from April-May 2017 onwards), and other promised amenities.
3) In the original plan, based on the approval received from NKDA office through letter: 2330/HIDCO/ED(EM)/53BP, dated 10/09/2007 there were:
a) 15 Towers having 1278 flats ,
b) 1688 Car parking’s (1318 Covered, 370 Open)
c) Common facilities like Lawn, park, mini cricket ground, Tennis court etc. 8009.94 sq. m.
d) Plinth area of 37369.74 sq. m.
e) Road, Pathways 99983 sq. m. etc.
4) EGV Association of Apartment Owners (EGVAAO) was formed and registered on 3-1-2013.Thereafter possession of flats started from 2013 onwards and deed of conveyance was executed by a good no of owners (around 440 no in 2014 and further over 250 in 2015). The project was transferred to M/s Elita Garden Vista Project Pvt. ltd. (transferee developer) in July 2014.
5) However, in 2015, the transferee developer modified the plans of EGV illegally, without informing or providing any knowledge to the already existing 650 plus registered flat owners of EGV, to generate more money at the cost of EGV owners, and without the consent of all the owners to whom M/s Keppel sold the flat, this is against the West Bengal Apartment Act 1972.
Major Objections in developer proposed amendments:
The following are our main objections:
1) The amendment to the approved plan has been made without the consent of the apartment owners which is against the law of the land. The modified lay out will compromise the original plan based on which the EGVAAO was formed, and all 650+ owners had purchased our flats. This is rightfully our land, how can the transferee builder sell the common land already sold to us??? This will directly affect our right, title and interest in the purchased property. Thus modification is illegal and not acceptable.
2) The construction will obstruct Sunlight AND natural Air. The common area has already been sold to flat owners, and by modifying the layout our interest in the common area will be reduced.
3) As per section 5 of West Bengal association of apartment’s owners Act the amendment in common area cannot be done without consent of all owners, as the said amendment will restrict the common area/landscape/natural Air/Sunlight as mentioned above.
We the flat owners of Elita Garden Vista Appeal:
1. Stop all the illegal construction activities Immediately being carried out by the present transferee builder M/s Elita Garden Vista Project Pvt. Ltd at our complex: Elita Garden Vista, New Town, Kolkata.
2. Uphold the original plan (2330/HIDCO/ED(EM)/53BP, dated 10/09/2007) and protect the interest of all the 1278 flat owners
3. EGVAAO be handed over to the registered owners.
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