RWA & Society construction committee refuses to let me build my house my way

[User_f43a3c93]

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User_f43a3c93
PARTICIPANT
February 16, 2025 at 5:39 am

DTCP Haryana has approved my house plan in a cooperative housing society in Gurgaon, but the society’s internal planning team is refusing to let me proceed, citing aesthetic/structural conformity rules. My plan is structurally compliant but has a more modern design with an open garden and staircase, which the older residents (30+ years in the society) seem to dislike.

Recently, they’ve started blocking laborers from entering and sending emails stating they won’t allow construction.

Can the society legally override DTCP approval? How can I resolve this without escalating to legal action?

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[Cleverdiksha5363]

C

Cleverdiksha5363
PARTICIPANT
February 16, 2025 at 6:18 am

Law of the land supercedes RWA rules. If the house is being built based on approved plans by the relevant local authority, send the RWA a legal notice & specifically ask them for a large compensation for money lost due to delayed construction schedule.

Most RWA’s are run by old farts with nothing better to do. Respond forcefully and they’ll cave.

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[User_f43a3c93]

U

User_f43a3c93
OP
February 16, 2025 at 6:23 am

doesn’t supercede or does?

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[Luckyrandhir4838]

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Luckyrandhir4838
PARTICIPANT
February 16, 2025 at 7:00 am

Doesn’t

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[User_f43a3c93]

U

User_f43a3c93
OP
February 16, 2025 at 7:08 am

Why do you say it doesn’t supercede though?
Shouldn’t DTCP law always take precedence over RWA law? DTCP is a state level authority and RWA is just a thing in the society.

Wherever I’ve searched online or on any of the GPTs; it says DTCP is the higher authority and cannot be overridden.

Any source of your info? Trying to gather as much info as possible. Thanks

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[Luckyrandhir4838]

L

Luckyrandhir4838
PARTICIPANT
February 16, 2025 at 7:13 am

Lmao my bad not a local

Bhai if your house plan is approved location approving govt authority

Then the society can’t do much is u are following certain rules like leaving adequate space behind etc

Front elevation is a personal choice

Send a legal notice claiming 5-6 lakhs in damages min and se how things pan out

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[Cleverdiksha5363]

C

Cleverdiksha5363
PARTICIPANT
February 16, 2025 at 8:07 am

My bad! Law of the land prevails in this case! The RWA cannot make random demands just because they feel like.

Use lawfare if you have to! Most of these clowns back down the minute they realise you are looking for a fight!

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[User_f43a3c93]

U

User_f43a3c93
OP
February 16, 2025 at 8:00 am

can you give me your 2 cents on this? Did you mean does or doesn’t?

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[Cleverdiksha5363]

C

Cleverdiksha5363
PARTICIPANT
February 16, 2025 at 8:08 am

I’ve corrected my initial comment. You RWA can’t do shit if you’re following the law.

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[Coolsarvesh8737]

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Coolsarvesh8737
PARTICIPANT
February 16, 2025 at 8:18 am

What I have seen is RWA are stubborn – even with a legal notice they are not swayed because the legal fees to defend them is paid out of RWA funds, they also have lawyers on call.

What moves them is an actual case where the President is personally made a party. In this case you can get a court to order them to not harass you and ideally get them fined. We had few cases in our society and RWA only caved after the court order.

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[Megamaster2414]

M

Megamaster2414
PARTICIPANT
February 16, 2025 at 9:50 am

🔝 this. Consult a lawyer and make the RWA members personally a party to the legal notices asking for damages due to delay in construction. Note all the instances of interference (physically restraining contractors etc) and file an FIR in local police station once again making them personally a party.

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[Happybear2986]

H

Happybear2986
PARTICIPANT
February 16, 2025 at 1:17 pm

Ya roj jake Mc bc Karo. Not a criminal or civil offence. Worked in my society.

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