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Why serviced apartment on common terrace?

City doctor blames builder for eating up terrace space and damaging the ceiling of his apartment
Chennai: In a case of blatant violation, a builder has allegedly encroached upon a portion of common terrace area of the residential building and built a serviced apartment flouting norms at Gandhi Nagar, Adyar.
This has left a city doctor, who lives on the top floor of the same building, red-faced and is running from pillar to post to fight the illegality, but with little success. It’s a four-storeyed residential building (G+3) with 10 apartments. The complainant, Benny Benjamin, a pediatric doctor, lives on the third floor and the builder, B. Jacob, a 73-year-old and ex-official at SBI, owns five flats in the building.
The allegation is that Jacob has constructed an illegal serviced apartment on the common terrace, which deprives other owners’ right to use the terrace, which is a common area. Besides, the illegal construction has allegedly damaged the ceiling of complainant’s apartment.
In 2013, wrote to CMDA which requested Chennai corporation to take necessary action following which a lock and seal order was issued on November 27, 2013. However, it was not enforced as the builder appealed against it before Housing and Urban Development Department and filed a writ petition in Madras high court. There has been a series of correspondences between the complainant, departments and high court, but so far nothing much has happened to reverse the illegality.
When Deccan Chronicle visited the place, air conditioners were running inside the serviced apartment and one of the workers there said it was given for rent by the owner. Benjamin said: “How can anyone build a serviced apartment on the terrace? Isn’t a terrace a common area? In its counter filed in the high court, Chennai corporation submitted that it is a violation of about 857 sq ft. I have reliably learnt that CMDA too has sent a report saying it is a violation.
The buck stops at the housing department that has been so far misled into believing that it is a water tank converted into a temporary toilet! “As a senior citizen and pediatric doctor, my work schedule revolves round births and health of infants and children. When I lie on my bed, all that I see is water seepage, corroded beams, dampness everywhere with the risk of electrical short circuit. My right to life includes right to peaceful dwelling. That has been hit by this encroachment. It is more than two years since a lock & seal notice was issued to the violator”, the doctor alleged.
( Source : deccan chronicle )
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