File suit seek court orders to direct flat owner to remove encroachment on terrace
2) also seek injunction restraining flat owner from disturbing your right of access to terrace
3) terrace forms part of common area for benefit of all members
Right to terrace
We live in a building which was built by a particular builder in 2006. There are many families occupying their respective flats within the same. Me and my family stay on the top floor which is on the third floor. Our builder had built another building adjacent to our original building around year 2010, and later the builder started to live in the second building which is adjacent to ours on the top floor. Earlier we could access our terrace which is right above our flat and everyone else could access it who are in our building, as the terrace is the common area. Later, the builder removed the wall between the two terraces of the respective buildings. Without the knowledge and consent of our building occupants, the builder sold his flat to someone else and told him that he is also the owner of the terrace area which is right above MY flat. Without our knowledge, the new occupants have illegally encroached upon our terrace since the year 2013, they have also blocked our entry to our terrace which is above our head. We have tried to take help of multiple lawyers and the judiciary, but the system has failed us. The illegal occupants have fed money to police and lawyers to manipulate the case. The other society members of our building have also left us alone in this fight and have gone back to their lives. But we have been wronged and the terrace above our head is our right because it's a part of our building. Someone in a different building can only illegally encroach upon it. Due to a ban on our access to our own terrace and someone else living over it, it's causing great damage in terms of cracks and seepage within our house which can be fatal for our entire building and the lives of its occupants in the future.
Asked 4 years ago in Property Law
Religion: Hindu
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21 Answers
What are you waiting 2013 ?
Without your knowledge is worse excuse. Somebody broke the joining terrace wall and black your entrance. None will accept your this excuse.
You should have filed FIR agsisnt builder on same time. Well, this is clear case of encroachment and trespass on terrace. Try to file FIR, if police not register FIR due to your delay in action. Have to file civil suit to obtain injuction.
But this matter is criminal in nature. Try to file FIR.
Sir they have also started to build more rooms on our terrace and they run a pg service business too, as the rest of my building members are not interested in getting this terrace back, can just me and my family single handedly fight this encroachment as we are the ones living right under the terrace. The reason why lawyers and other people could take advantage of us is because there is lack of unity in the building members themselves.
Asked 4 years ago
If police not cooperated, file civil suit. There are plenty of lawyers. Seems you not able to find good one or you are sluggish in your approach. So facing failure form all side. File FIR through court.
So far as the problem of common area is concerned you have to check your sale deed and builder buyer agreement it is not clear from your question that there is any society formed in the building to look after the common area the terrace is a common area and no one have the right to to claim the terrace so far as the builder is concerned and sale of the other flat by the builder to any person the terrace is again a common area for him as well if that society is also the part of your societyand for this purpose you have to complain to the registrar of societies and chits to take decision in this regard in case she is not able to take decision then he can transfer the case to the Delhi development authority which is the competent authority in case of development and even if no decision has been taken by the DDA you can approach today delhihighcourt to get direction
You are at liberty to file case against flat owner even if society members refuse to take any action
You alone can hire lawyer and file civil suit. Court will grant injuction agsisnt any construction and further encroachment.
And your excuses are too poor and may the reason that you able to obtain expected solution.
It is not known what case have been filed by you and what was the result of the cases.
In fact it is around seven years now after the reported encroachment of the terrace of your building by the adjacent building owner.
If your lawyer did not support your cause yo should have engaged another lawyer and if the trial court has dismissed your claim then you should have preferred an appeal.
You should have filed a mandatory injunction suit against the occupier/encroacher.
It is not known what was the case filed by you hence you may revert with the details for rendering more proper opinion.
You can give a complaint with the local civic body for this illegal construction and also file a suit for mandatory injunction against them to remove the illegal structures constructed by them illegally on the terrace above your flat which do not even belong to them.
You can engage an advocate from outstation if the local advocates are not trust worthy
you can complaint to the corporation about the same as well as file consumer complaint against the builder before consumer court
You alone can fight for the terrace.
File a suit seeking immediate injunction to use of the terrace by the owner of the adjacent building and order to restore the wall on the roof .
You can also claim compensation if any damage is caused to the roof.
Dear Sir,
In present times, writing doing registry and other documentation, the roof and terrace rights are mentioned as to who will enjoy the roof/terrace rights. In case nothing is written or otherwise also, the occupants of the lower floors are entitled to visit the terrace for having their water tanks cleaned, sanitized, repairs etc. It the action of new owner is harming this facilities of occupants of lower floors, the cases for injunction etc. lies against the builder/new owner. As mentioned by you, you are not able to repair the cracks, your case lies and you may pursue it strongly.
what made you wait for almost seven years ?
Terrace is a common area for the common use and benefit of the occupants.
Immediately you file suit for encroaching terrace and also an application for injunction restraining them from using the terrace and also for restricting your use and enjoyment of terrace area.
You can take help of other flat owners also.
1. You have an legal option of filing a Writ Petition in the High Court, for directions to the Builder and the Municipal Corp., to demolish the illegal constructions and restore it to its original state as per the sanctioned plans. Permanent Restraining order from HC also can be obtained against all opposite parties.
2. For above, there is no need of any support from your building residents and you can do this alone, without any reference to anybody.
Lawyers don't require unity of your co residents.
File RTI to get the registration details of the building and what is mentioned about terrace in that.
On basis of that you can take shelter of court.
File temporary injunction suit to stop the construction of rooms on terrace.
Thanks
Hello,
Please tell me as to what case was filed by you?
and is the case still pending ?
Have you served any legal notice ?
Regards
No construction can be done by them against the approved plan, you can right the complaint to the appropriate forum.
Right approach would be to send a legal notice and then file a suit for eviction of the unauthorized occupant and as an interim measure you can ask for stay on any kind of construction.
The above mentioned advise can be used only if no case has been filed by you previously.
Regards
you can file a suit for injunction.
except Civil remedy you dont have any other option
you have two options which can be exercised simultaneously too i.e. filing a criminal complaint with the local police station Or PCR in Jurisdictional court and also a civil suit for declaration and mandatory injunction restraining not interfere in your usage of the terrace and other common areas.
you can file civil suit and apply for injunction .
1. You should hire an Advocate and file case of illegal encroachment on your terrace.
2. In that case you should make party to your builder as well as current owner.
3. The case should be for claiming permanent and mandatory injunction also claim compensation for illegal encroachments.
4. Yes you can single handedly claim your terrace back but you need to approach some advocate for filing the suit.
Sir you should see what your sale deed says, does it say that you have a right to the terrace area or is terrace coming in the common area, merely living on the third floor does not give you a right over the terrace, clarify that?
And if you are your self saying that the lawyers have been taking your advantage and they are involved in all the illegal activities, then you are on the wrong platform sir, you will only find lawyers here.
