Apart from pending dispute in High Court, this is clear case of trespass by the builder. He lost all his right of access to parking after allotting the same to owner of A102. A criminal complaint of trespass. Though the offence is cognizable, file the case in the Court of Magistrate as police will hesitate to take complaint. Court will order police to register FIR, investigate, produce accused in court and file charge sheet. After trial Court will punish the accused. Punishment for trespass is three months.
Trespass on parking area
There are a multitude of cases ongoing between Society and Builder for conveyance and Society versus Association of Apartment status. An interim order in 2014 by Bombay HC in our favour recognised us as a Society. However, builder intruded for construction stating that no stay on construction was given. Police vacated the builder, but didn't lodge a case of trespass for the society against the builder by saying matter is "sub judice". However, in the intrusion in Oct 2021, builder erected a temporary tin shed in covered parking area of flat A102. The owner was out of town. The car parking is alloted to him by builder and shown as such in the Builder's own Deed of Declaration filed in Nov 2006. The builder in a court affidavit admitted building the tin shed despite opposition by society. Can owner of A102 car park sue for criminal trespass? The car park is alloted to him by builder and shown as such in the Deed of Declaration filed by builder. And builder is his own reply in court in Nov 2021 showed his tin shed in that parking. Is this criminal trespass? Or a civil trespass? FIR or consumer forum? Essentially, is the alloted car parking part of A102's property?
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
This can be considered as trespass and s complaint before police is maintainable.
The police, if evading to take proper legal action on the pretext of pending civil suit, you may file a petition under section 156(3)Cr.p.c seeking direction to the concerned police to initiate legal action against the builder on the basis of pending complaint before them.
It amounts to criminal trespass
once car parking slot allotted to flat owner builder cannot construct tin shed over it
file complaint of criminal trespass against builder
file suit or complaint before consumer forum and seek orders to direct builder to demolish illegal construction done on parking slot
The builder by his own admission in Civil Court reply built the tin shed in the morning, and removed it at night due to police insistence. Besides criminal trespass, can we add encroachment? Or does encroachment have to be ongoing for a criminal complaint?
Asked 4 years ago
There is no encroachment as builder has removed the tin she’d constructed by him
What is the complaint that you have made it in writing before police.
First of all decide what actions and the reliefs that you propose and expect on this subject matter.
If your relief is that he has to vacate the occupied premises alone or want to punish him through law for this act, you may draft the complaint against him very strongly by adding all those things which may go agaisnt him for his such acts.
Encroachment or land grabbing or trespass: can be words what you can use in your complaint agaisnt him with the police
All cases are maintainable but consumer court is best & safe
Dear client,
it is not encroachment in this case as the builder removed the shed after police insisted.
Thank you
- As per law, after forming the society , the builder having no right in the property and even any construction or sell the parking space.
- Further, as per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area
- Hence, the said construction by the builder is against the rule , and a compliant can be filed against the builder for criminal trespass.
