Top floors are not top choice, insist buyers

After Gaurav Gagan ruling, buyers check out builder's credentials, building papers and hire property lawyers before investing in houses

After Gaurav Gagan ruling, buyers check out builder's credentials, building papers and hire property lawyers before investing in houses

For real estate broker, Vibhoo Mehra, it's becoming difficult to sell flats in upper floors of any building. Just recently, Mehra took his client to check out a seventh-floor flat in an under construction building in Pali Hill.

The client liked the flat, but insisted on checking the building's papers and meeting the builder before sealing the deal.

After the Bombay High Court ruled that the 17 upper floors of the Gaurav Gagan building in Kandivli were illegal and should be demolished, buyers are hesitating from investing in top floors, as these always bear the brunt when there is any irregularity.

"When action is taken against illegal structures, buyers become cautious. After the Gaurav Gagan controversy, buyers insist on checking building's documents.

FLAT FEAR: Buyers refuse to book flats on the upper floors of high-rises if they are unsure of the structures' legal status.

The y even consult lawyers before investing," said Mehra.

Property lawyer Vinod Sampat said, "Earlier, one or two of my new clients would ask whether the title was clear or whether the builder had all the mandatory permissions and if it was safe to buy a flat on the top floors. But now, I meet six to seven such clients every day."

Builders speak

"Every builder should follow the rules and show all the necessary documents to buyers who demand it," said Sunil Mantri, owner, Sunil Mantri Realty.

Added Mihir Dhruva of Siddharth Builders, "Buyers should hire a lawyer and check the credentials of the builder. This will protect them from trauma in the future."

Be cautious

Shripal Gandhi, a Mulund resident who recently bought a flat, said, "I checked all the papers to know number of floors sanctioned.

I even hired a lawyer before buying my flat. My friends are looking for flats too. I have advised them to be as cautious as I am."

Last week, the Bombay High Court permitted the Brihanmumbai Municipal Corporation (BMC) to demolish 17 illegally constructed floors of Gaurav Gagan building in Kandivli.

The saga dates back to 1992, when BMC had given permission for Gaurav Gagan to be a stilt plus seven storey building.
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Five years later, the BMC woke up to the fact that the builders, Ravi Real Estate Developers, had flouted the rule and built a 24-storey structure.

They then ordered the builders to demolish the extra 17 floors at their own expense.

Shocked flat owners appealed to the High Court to repeal the demolition order on the grounds that they had been unaware of the illegalities and had invested their life's savings in their flats.

They requested the building be regularised by hoarding transfer of development rights (TDR) after the payment of penalty as they would otherwise become homeless.

However, the high court refused permission, saying that if such regularisation was permitted, builders and developers would take undue advantage of it and hoard TDRs and floor space index (FSI) from one construction and use it to regularise illegal constructions elsewhere.

The bench also added that buyers should have found out if the building has the required permits before booking their flats and they cannot expect recourse from the court.