You can erect the same being the boundary of your building you don't need anyone permission for that
Integrity of Compound Wall
A Hopshaus (beer parlour) has recently opened on the main road. Its entrance gate is on the main road, but a little of its property on the backyear adjoins us- an apartment building. The beer house has broken common compound wall and erected an, 8 feet long and 8 feet high, two leaf wooden door on their backyard and on our side. We were told that they had to provide this as exit, before they could get trading licence. But this affects enjoyment of our property- with number of ladies and kids in 120 flat complex. Please advise what we should and can do, to restore the common boundary wall's integrity and as one solid wall, protecting our privacy and security.
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
File police complaint of criminal trespass against beer parlour under section 441 of cr pc
2) also file suit seek orders for demolition of parlour intruding into your compound wall
- You should lodge your complaint with the police and higher official for restoring the common boundary wall .
- If no response within one week , then you should file a suit for mandatory injunction on the ground of police complaint , for getting order on your behalf.
Yes you can complaint before police and can file suit he cannot open gate in your common space he can have only.way on his property and the public way.
1. Breaking down compound wall without written consent of your committee members of housing complex, is a prosecutable offence of Trespass, Intimidation, Encroachment and is illegal & unauthorized.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like trespassing, intimidation, encroachment, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
You should have brought an injunction order at that time when the shop owner had broken the compound wall of your apartment complex.
If there was no entrance or exit provided in the title document nor it is an approved entrance by the corporation authorities, then you can very well file a mandatory injunction suit against them praying for closing of the said entrance permanently for the reasons what you have stated here.
What is the association doing about this, why are you so much concerned as an individual because it is a problem for everyone in the apartment complex, hence the proper person to initiate any legal action on this is your registered association only.
You can raise this issue in the next or on an urgent meeting of the association and can pass a resolution in the meeting to this effect.
This is absolutely illegal. Gates are made for back pass at night hours. And demolition is mischief. File FIR.
You are 120 flats - good number of peoples, gather and shout and break the doors. Wall will erect in a day.
On the contrary, this is done due to fainthearted of flats owner. Else bar owner cannot do this. He has committed criminal offense.
File FIR.
Dear Sir,
This is infringement of privacy of so many ladies and children. If your association/society files PIL or suit the court will immediately order for closure of such backdoor. Courts are very serious in theses matters.
1. When they were breaking the wall then any of the apartment owners could have gone to civil court and sought injunction.
2. Now that the compound wall has already been broken there is very little that can be done.
3. The parlour cannot make an exit into your property. A civil suit for permanent injunction can be filed in the civil court to block access to your property.
