REPLY BY THE SOCIETY
No.DIN/DDA/2009 03rd July 2009.
The Joint Director (L&I),
Building Section,
Delhi Development Authority,
C-1, 1st Floor, Vikas Sadan,
I.N.A., New Delhi-110023.
Reply to Show Cause Notice No. F.23(33)/95/Bldg./18 dated 18/06/09, under
Section 30(1) and 31-(A) of DDA Act for and on behalf of the Society.
Dear Sir,
Please refer to your Show Cause Notice No. No. F.23(33)/95/Bldg./18 dated 18/06/09.
2. In this connection your attention is also invited to the following: -
(i) DDA letter No 23 (33) 95 / Bldg dated 9.9.1996 sanctioning the building plans of DIN CGHS Ltd; wherein proposed FAR is 132.92 % against a permitted FAR of 133 %.
(ii) Federation of Cooperative Group Housing Societies – Dwarka Ltd (Regn No 2/FED/GH/SW) letter dated 05 Oct 2006. (Copy Attached).
(iii) Federation of Cooperative Group Housing Societies – Dwarka Ltd (Regn No 2/FED/ GH/ SW) letter dated 12 Nov 2007. (Copy Attached).
3. The matter has been considered by the Managing Committee of Din C. G. H. S. Ltd. and our reply to the Show Cause Notice is as under: -
(1) The Society provided smaller balconies for the purpose of maintaining coolers etc. The balconies were covered in the sanctioned FAR and measured only 10.13 Sqm (Certificate of Architect Attached) and their inclusion within the flats may not constitute an unauthorized development as inferred by the DDA.
(2) In any case, even after covering of the balconies by some flat owners, the members have not exceeded the permitted FAR as on date. In addition, it may kindly be noted that there is no structural alteration to the approved building plan.
(3) The FAR inclusive of balconies area is much less than that permitted as on date, i.e. 166. It is pertinent to mention that the DDA has already allowed coverage of balconies and various extensions in case of DDA flats in the Capital and it is expected that similar relaxation is allowed to flat owners of Group Housing Societies.
(4) The Architect (M/s B. D. Arora) has not provided the copies of documents submitted by him for completion certificate and as such our submission is based on sanctioned plan. We request to provide us a copy of all the documents submitted by the Architect to enable us to get the same reviewed by another Architect. We are ready to pay the relevant charges for such copies.
In view of the foregoing, you are requested to take a considered view and withdraw the notice issued to the Society.
The Joint Director (L&I),
Building Section,
Delhi Development Authority,
C-1, 1st Floor, Vikas Sadan,
I.N.A., New Delhi-110023.
Reply to Show Cause Notice No. F.23(33)/95/Bldg./18 dated 18/06/09, under
Section 30(1) and 31-(A) of DDA Act for and on behalf of the Society.
Dear Sir,
Please refer to your Show Cause Notice No. No. F.23(33)/95/Bldg./18 dated 18/06/09.
2. In this connection your attention is also invited to the following: -
(i) DDA letter No 23 (33) 95 / Bldg dated 9.9.1996 sanctioning the building plans of DIN CGHS Ltd; wherein proposed FAR is 132.92 % against a permitted FAR of 133 %.
(ii) Federation of Cooperative Group Housing Societies – Dwarka Ltd (Regn No 2/FED/GH/SW) letter dated 05 Oct 2006. (Copy Attached).
(iii) Federation of Cooperative Group Housing Societies – Dwarka Ltd (Regn No 2/FED/ GH/ SW) letter dated 12 Nov 2007. (Copy Attached).
3. The matter has been considered by the Managing Committee of Din C. G. H. S. Ltd. and our reply to the Show Cause Notice is as under: -
(1) The Society provided smaller balconies for the purpose of maintaining coolers etc. The balconies were covered in the sanctioned FAR and measured only 10.13 Sqm (Certificate of Architect Attached) and their inclusion within the flats may not constitute an unauthorized development as inferred by the DDA.
(2) In any case, even after covering of the balconies by some flat owners, the members have not exceeded the permitted FAR as on date. In addition, it may kindly be noted that there is no structural alteration to the approved building plan.
(3) The FAR inclusive of balconies area is much less than that permitted as on date, i.e. 166. It is pertinent to mention that the DDA has already allowed coverage of balconies and various extensions in case of DDA flats in the Capital and it is expected that similar relaxation is allowed to flat owners of Group Housing Societies.
(4) The Architect (M/s B. D. Arora) has not provided the copies of documents submitted by him for completion certificate and as such our submission is based on sanctioned plan. We request to provide us a copy of all the documents submitted by the Architect to enable us to get the same reviewed by another Architect. We are ready to pay the relevant charges for such copies.
In view of the foregoing, you are requested to take a considered view and withdraw the notice issued to the Society.
FOLLOW UP ACTION
1. Ref DDA Notice No.F.23(33)/95/Bldg./18 dated 18 Jun 2009 and this office letter No. DIN/DDDA/2009 dated 03 July 2009 in response there-of.
2. Mr VS Nagar and Col Jagdish Madan, Retd had gone to the DDA office to appear before Mr AK Manna, Dir L & I at 1500 hrs on 09 Jul 2009. It was explained to him that no member of the Society had extended the balconies and no structural tampering had taken place in the Society. The balconies in the Society flats were already covered and a few members had just closed the openings with glass supported by light wooden / aluminum frames.
3. The Dir L & I accepted our version and assured us of all help. He said there were two options before the Society: -
(a) Option 1. The Society can apply for a revised approval of building plans. In that case, the Society will have to pay 1 % of the construction cost as per audit report reflecting the same to the DDA as labour cess. The application for revised approval must accompany a fresh building plan which shows the covered balconies in the FAR.
(b) Option 2. The Society can apply for a ‘Completion Certificate’ with revised building plans to cover an FAR upto 167 sqm. In that case, covering of the balconies will automatically get included. In addition, the Society will also get the sanction for extension of existing balconies / construction of new ones upto the additional area sanctioned. The present sanctioned FAR is 133 sqm.
Note: We have to choose either option and apply for DDA approval before 09 Sep 2009 i.e. within 60 days.
4. The Dir L & I also said that a proposal to accord sanction to CGHSs to cover the existing balconies is already pending with the Ministry of Urban Development. However, obtaining a completion certificate is mandatory for all Coop societies and we cannot delay this any further. Documents required to accompany the application for a Completion Certificate are appended below:-
(a) Processing fee of Re. 1/- per sq. meter of construction. (87.89 x 166)
(b) The certificate by the Society and Architect/Engineer/Supervisor for Appendix B-3 (Building Bye Laws No. 7.5.2); (in duplicate – both original)
(c) DUAC Planning Proforma (in duplicate – both original) for Completion Certificate by Architect.
(d) Two sets of building photographs (coloured) (in size of 8”x10”).
(e) Two sets of model photographs (coloured) (in size of 8”x10”).
(f) External Finish Certificate (in duplicate)
(g) Certificate regarding deviations from the Architect (in duplicate)
(h) One set of attested copies of sanctioned plan.
(i) Two sets of completion plans.
(j) Copies of sanction for water/sewer plans.
5. Upon being informed that the Society’s Architect had passed away, we were told that following additional documents will be required in that case:-
(a) GBM Resolution appointing another Architect.
(b) GBM Resolution of the present MC office bearers.
(c) Copy of appointment letter of the Architect signed by authorized signatory on Society’s letter head.
(d) Copy of valid lift licenses for all the lifts.
6. Before submitting application for completion certificate to the DDA, the Society must install Day/Night marking atop each residential tower. A photograph of the same has to accompany the application.
7. S.S. & Associates, an Architects & Engineers firm in Dwarka dealing with completion certificate for Cooperative Societies will be visiting for the purpose on Sunday, the 12th July 2009. Contact details are as under:-
Address C-8/155, Sector 17, Dwarka, New Delhi-110075.
Cell # 9810962934,
Email : anilshekhar71@gmail.com
2. Mr VS Nagar and Col Jagdish Madan, Retd had gone to the DDA office to appear before Mr AK Manna, Dir L & I at 1500 hrs on 09 Jul 2009. It was explained to him that no member of the Society had extended the balconies and no structural tampering had taken place in the Society. The balconies in the Society flats were already covered and a few members had just closed the openings with glass supported by light wooden / aluminum frames.
3. The Dir L & I accepted our version and assured us of all help. He said there were two options before the Society: -
(a) Option 1. The Society can apply for a revised approval of building plans. In that case, the Society will have to pay 1 % of the construction cost as per audit report reflecting the same to the DDA as labour cess. The application for revised approval must accompany a fresh building plan which shows the covered balconies in the FAR.
(b) Option 2. The Society can apply for a ‘Completion Certificate’ with revised building plans to cover an FAR upto 167 sqm. In that case, covering of the balconies will automatically get included. In addition, the Society will also get the sanction for extension of existing balconies / construction of new ones upto the additional area sanctioned. The present sanctioned FAR is 133 sqm.
Note: We have to choose either option and apply for DDA approval before 09 Sep 2009 i.e. within 60 days.
4. The Dir L & I also said that a proposal to accord sanction to CGHSs to cover the existing balconies is already pending with the Ministry of Urban Development. However, obtaining a completion certificate is mandatory for all Coop societies and we cannot delay this any further. Documents required to accompany the application for a Completion Certificate are appended below:-
(a) Processing fee of Re. 1/- per sq. meter of construction. (87.89 x 166)
(b) The certificate by the Society and Architect/Engineer/Supervisor for Appendix B-3 (Building Bye Laws No. 7.5.2); (in duplicate – both original)
(c) DUAC Planning Proforma (in duplicate – both original) for Completion Certificate by Architect.
(d) Two sets of building photographs (coloured) (in size of 8”x10”).
(e) Two sets of model photographs (coloured) (in size of 8”x10”).
(f) External Finish Certificate (in duplicate)
(g) Certificate regarding deviations from the Architect (in duplicate)
(h) One set of attested copies of sanctioned plan.
(i) Two sets of completion plans.
(j) Copies of sanction for water/sewer plans.
5. Upon being informed that the Society’s Architect had passed away, we were told that following additional documents will be required in that case:-
(a) GBM Resolution appointing another Architect.
(b) GBM Resolution of the present MC office bearers.
(c) Copy of appointment letter of the Architect signed by authorized signatory on Society’s letter head.
(d) Copy of valid lift licenses for all the lifts.
6. Before submitting application for completion certificate to the DDA, the Society must install Day/Night marking atop each residential tower. A photograph of the same has to accompany the application.
7. S.S. & Associates, an Architects & Engineers firm in Dwarka dealing with completion certificate for Cooperative Societies will be visiting for the purpose on Sunday, the 12th July 2009. Contact details are as under:-
Address C-8/155, Sector 17, Dwarka, New Delhi-110075.
Cell # 9810962934,
Email : anilshekhar71@gmail.com
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