DEVIKA FLATOWNERS ASSOCIATION Vs. PUNE CONTONMENT BOARD

JUDGEMENT

(1.) BOTH these petitions are directed against the Resolution of the Cantonment Board, Pune passed on 20th August, 1986 compounding certain unauthorised constructions made by the respondent No. 2.

(2.) IT is worthwhile to note that the petitioners are the flat owners and occupants of the building constructed by respondent No. 2 and it is in respect of this building occupied by them that the aforesaid Resolution was passed. They want that Resolution be quashed. The reason for filing these petitions as given by the petitioner is that if at a later stage it is found that the Resolution impugned by these petitions was illegal for some reason, the moneys payable prior thereto may be recovered from the petitioners, respondent No. 2 being the builder the petition is based on apprehental injury.

(3.) CERTAIN plots existed in the cantonment area of which construction was undertaken by the respondent No. 2 of a six storey building, in accordance with the plan approved by the appropriate authorities. There was a stipulation in the plan sanctioned by the authority that the ground floor should be of stilt and the remaining six floors should be built thereon. Accordingly the building was completed and the flats was handed over to the members of the petitioner society. They are presently in occupation of those flats. Thereafter it appears that the respondent No. 2 made certain alterations to the buildings and converted the vacant area between the stilt and the ground floor into a flat/premises. That resulted in obstruction of some sort to some of the members of the petitioner and some flat owners. They have therefore agitated by the same and since the alterations made by the respondent No. 2 are illegal they ought not to have allowed to exist. Therefore the petition has been filed.