following residents to alter or make structural changes to their Flats
against the approved Building Design under Cooperative Societies.
a) Sh. Vikas Saini, Flat ... certified copies of the Law/Rule as per which such alteration/ structural
changes are allowed to the above-mentioned owners of the Flats.
4. Kindly
Plot No.
32, Sector-4. Dwarka, New Delhi-110078 for making structural
changes/extension in the already existing approved building design.
9. As per Section ... following residents to alter or make
structural changes to their Flats against the approved Building Design
under Cooperative Societies
a) Sh. Vikas Saini, Flat
submitted that no
details of the alleged structural changes made by the BPCL
have been given and the said allegation being vague cannot be
effectively ... breach of clause (7) of the Lease
Agreement by carrying out structural changes in the premises without
its permission. The respondent no.1. /DTTDC
alleged that defendants no.1 and 2
are carrying out unauthorized structural changes in their house, which
have caused damage to the house ... encroachment. The averment made in the plaint
regarding carrying out structural changes was denied. Defendants
no.1 and 2 asserted that the changes which have
Jugminder Dass & Ors Page 3 of 21
carrying out illegal structural changes in the tenanted shop. Petitioner no.1 went
to inspect the shop ... found that major structural changes were being made
without their permission. Petitioner no.1 told respondent no.1 to stop doing the
same upon which
colour in the site plan. The respondent made
addition/alterations and structural changes in the tenanted premises without
the consent of the petitioner ... wrong. It is further stated
that no addition, alteration or structural changes has been made by the
respondent nor have constructed any bathroom
mistake in coming
to the conclusion that the tenant has made structural changes in the rented
accommodation. The appellant tenant has not been able ... consent of the land lord had been taken before
making structural changes. ...”
On such findings, the appeal was dismissed. Thus, there are two findings
building. The parti-
tion wail did not make any structural change of substantial
character either in the form or structure of the accommoda-
tion. [975G ... word 'alter' is 'to make change, to modify, to change,
change of a thing from one form and set to another
premises to a tenant and it has not caused such structural changes as to cause damage to the tenancy premises. As regards the two windows ... front courtyard to the extent of 80% would amount substantial structural changes in the premises which will be hit by Clause (j) of Section
Leelabai Gajanan Pansare & Ors vs Oriental Insurance Co.Ltd.& Ors on 20 August
