• Built iron grills on the common area

Hi
I stay in horizontal apartment We have 4 flats in a floor I stay in the middle flat and all the flats owners who stay in both the corner flats built iron grills in the common passage till the end of their flats and to balance the structure they took support from common wall from that common wall they even extended 1 feet more towards common area. This is clear sign of miss using the common spaces. Pls suggest What kind of action we can take in such instances?
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

1) complain to secretary of association. 

2) if no action is taken complain to muncipal corporation against installation of iron grills in common areas of society 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

You can complaint it to society/association.if not resolved then approach dy registrar for the Redressal

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

You have to follow the common rules and laws of Telangana state Co-operative housing society or Apartment bylaws.

 

And make the written complaint to sub registrar of above govt organisation or para judicial org.

 

Before that you have to make complaint the society or Apartment chairman that misuse of the common space and kindly ask them to remove the Iron Grills which are fixed illegally. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Clear violation of comma use. Common area cannot be use at all and has to be free from encumbrance. You can file suit in court to remove every thing from common area.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. Association if any formed may issue them legal notice and ask them to remove the structure if they fail the association may file suit against them or a complaint before the municipal corporation may be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

As per rule , RWA/Association  should  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

- Further, no   structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected or fence/partition  put  up  on  any common  area  that  may  obstruct,  or  impede  free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats 

- Hence, such iron grills in the common area is against the rule of Society Act , and further not taking the  consent from the other flat owner , whose peaceful life being disturbed is also illegal.

- You can lodge your complaint with the secretary of the Society/RWA, and also before the Municipal corporation as well. 

- If , no response , then fie a complaint before Registrar of the Society . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear Sir,

You are suggested to complaint to the RWA, if any and write to concerned Municipal Corporation and Development authority and also to police for nuisance created by the neighbour. Finally, you may also file the suit of the injunction against them in them in the civil court.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You should first write a letter to the Association regarding the issue and also Annex the photographs as a proof, if no action is taken then you should approach the Municipal Corporation.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

All the flat owners have right of use of common spaces but equally with other owners. 

However while using such common space no flat owner can demarcate any part of the common space by putting structure  like grill or wall. Now if anyone does that other city owners can file civil suit for mandatory injunction so as remove such obstruction/boundary. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

This act can be termed as structural changes also. 

Any construction changing the structure can be considered as an illegal act. 

The matter can be taken up with the association to instruct them to remove the unauthorized istructures made by the concerned members. 

 If there's no positive action from the association,  you may prefer a representation or a complaint with the local civic body about this illegal construction and request for taking appropriate legal action as per law. 

You can approach the cooperative court also with an injunction suit as a final option. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

1. "common open spaces" are Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased or ENCROACHED.

2. Such encroachment is a prosecutable offence under the Municipal Laws and the Town Planning Act.

3. Write a complaint to Ward /Area Officer of the local Municipal office and request them to investigate and initiate prosecution and remove the encroachment.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If it is effecting / disturbing your access or causing any kind of hardship, you represent to the society and seek their intervention to remove the Iron Grills removed from common area.

If the society does not take steps, issue notice to the said society and said occupants demanding intervention of society in removing the grills from common area, even after notice if it is not removed, you may lodge complaint wi the concerned Municipal Corporation for illegal and unauthorized installation of iron grills in the common area.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Please issue notice to The Secretary of the Society CC to Dy. Registrar of Society and Municipal Corporation Building and Factory Dept.for REDRESSAL OF YOUR GRIEVANCES. 

I am confident anyone of 3 would be able to solve your problem with reasonable time.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Serve them with a legal notice and later file a specific performance suit against them for removal of the encroachment. 

File a police complaint for the  same 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The common area available in the apartments are for the use of all the apartment holders and the apartment holders have no right to change the common area and cover the common area as per the law this is illegal to cover the common area by installing iron grills and can be removed by the resident welfare association by giving them notice to remove and increase it is not removed by them then the resident welfare association can remove with and charger cost of removing and correcting the cricketer of the common area from the individual apartment holders by adding the amount in their maintenance bill.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It is the responsibility of the Association in this case. If the Association fails to take action you can file a case against the Association also. If you file case against the Association you should pray for payment also of a monthly compensation to you by the Association until the grills are removed. This is to ensure that the Association does not sleep over it.

 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

You can make complaint against those owners to association for encroachments on common area of building.

It will be decision of managing committee to take action against the encroachers and levy fine upon them for removal of grills from common passage. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Have you given a complaint in writing to the RWA? complain to secretary of association.

2. You are free to go to civil court with a suit for mandatory injunction to remove the iron grills installed in the common areas.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

This is encroachment and a complaint must be lodged in the apartment society. If they do not respond then file a complaint against them before the registrar.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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