► Legal advice online in India ×Successfully logged in from Google account. Construction of 3rd floor Hi, We live on a 125sq yard plot builders flat. We have a basement, ground in south Delhi, the building is 22 years old , First and Second floor occupied by diffierent families. The owner of the 2nd floor has the roof rights and now planning to sell/collaborate with builder to construct a 3rd floor. He has been putting pressure on us to give him NOC and is now threathing us and even the builder has started calling upon us to increase the pressure. The constrcution is yet to begin and our queries are 1. is the 3rd floor legal without stilt parking. 2. Is NOC manadatory from all other occupents for them to build the 3rd floor. 3. Can we take a stay in anticipation of the furture . 4. how can we stop this ill legal activity.
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2 Answers
Jul 08, 2025
Dear Sir,
Yes, you can approach a civil court to obtain a permanent and temporary injunction (stay order).
In Delhi, building a 3rd floor requires mandatory parking provisions (usually stilt or surface parking) as per DDA/MC bye-laws.
A Suit for Permanent Injunction against the 2nd-floor owner and builder.
Request a Temporary Injunction (Order 39 Rule 1 and 2 CPC) to prevent any construction until the case is resolved.
Jul 08, 2025
Dear Sir,
Is NOC from Other Occupants Mandatory for 3rd Floor?
👉 YES, under these conditions:
Co-operative Group Housing Societies or DDA flats: NOC is mandatory.
For independent builder floors:
Roof rights do not imply construction rights.
Structural modification requires NOC from other flat owners, especially if it affects the common structure (e.g., foundation, walls, water tank, stairs).
A Delhi High Court judgment in Flat Owners Association vs. MCD & Ors. emphasized that unilateral
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