• Construction right next to our flat

Hello,

1. I stay in a society and some of the resident welfare association members are making a case for having badminton courts in areas above the basement parking. Being ground floor owners, we have a back exit and I want to know how much minimum area they need to leave for us or can they build right next to our exit which i believe is absolutely unfair.

2. Is there a law which can be applied to members of society who have done illegal construction or fenced common areas. Some of the rwa members are involved in this and are supporting such activities and trouble other residents without reason.
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Christian
1) the resolution has to be placed on agenda of the association and passed with consent of majority of members present and voting 

2) in said meeting you can
Object to badminton court being built above parking areas . Further you can insist on adequate space being left for movement of members 

3) common areas cannot be fenced . If any illegal construction done you can complain to association in writing and also to municipal corporation 

4) if no action taken move court and seek demolition of illegal construction made
Ajay Sethi
Advocate, Mumbai
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For any such illegal construction in the original layout plan , you need to write to the development authority and complain about the subject. If no action is taken you can also file a criminal complaint on names of the people involved in this illegal construction. 
Atulay Nehra
Advocate, Noida
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Hi, you can file a civil suit in the jurisdictional court  and pray for injunction as against the society restrain for illegal construction.
Pradeep Bharathipura
Advocate, Bangalore
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1. The original lay-out of the building must have specified the area they are required to leave out. If the construction is made in a manner which blocks your exit or causes inconvenience to you then it is open to you to seek a stay order from the court against the  proposed construction. 

2. A stay order can also be sought if the construction is not permissible as per the original lay-out plan of the building. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1, There is no specified specification for this. The normal area for exit is to be left open.
2. Yes you can lodge complaint with the Registrar of Society for any illegal actions done by the society.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. I stay in a society and some of the resident welfare association members are making a case for having badminton courts in areas above the basement parking. Being ground floor owners, we have a back exit and I want to know how much minimum area they need to leave for us or can they build right next to our exit which i believe is absolutely unfair.
The badminton courts cannot be built in the open space by a group of members of the association on their own especially in the space  meant for common usage for all the memebrs of the association.  This can be objected to the president or secretary of the rwa  and can be escalated to the municipal authorities against the illegal construction as well as the matter can be taken up with the court for cooperative society.




2. Is there a law which can be applied to members of society who have done illegal construction or fenced common areas. Some of the rwa members are involved in this and are supporting such activities and trouble other residents without reason.

My above reply suits for this question too. No resident can alter the structure or make extra construction deviating the approved plan of the apartment, more particularly which is a disturbance to other members of the association by utilising the common area which is meant for the entire members of the rwa.   
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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