• Encroachment of common area

Dear Sir,

       I purchased a flat in South Bangalore (Off Bannerghatta Road, Near Meenakshi Temple) last year in an size project comprising 72 flats (2 & 3 BHKs). As per the plan of the project there are no common walls in the building. But after construction, almost 25-30 flat owners have put iron grills in sub-passages, against the approved plan, encroaching 5-20 feet (X 4 feet) of area in front of their main doors adversely affecting the ventilation and beauty of the apartments. It also resulted in making open utility areas of affected flats vulnerable to acts of the neighbouring encroacher who now can peep into the private lives of affected flat owners. Moreover, the builder, in lieu of personal gains, have deliberately put door-bell points much away (5-20 feet) from the doors of the encroachers' flats. Only half of the flats have been registered and the remaining owners have not yet registered their flats; Occupancy Certificates not yet issued. I am confident that it is illegal but how to proceed against it? Can I file a criminal case (Cheating, Criminal Breach of Trust) against the builder at local Police Station? Can I file a complaint with BBMP (Bruhat Bangalore Municipal Corporation)? Can such violations in plan cause problems with lending bankers?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. First lodge complaint with local Municipal Corporation against such illegal structures.

2. if structures are permanent in nature and built without sanctioned plan then the Municipality will commence demolition works.

3. Since the developer has failed to allow you free user of the common area, you can file case for damages against him in the consumer forum as well.

4. You can file civil suit for mandatory injunction as well against the individual flat owners for removal on encroachments.

5. You can proceed with both point no 4 and 5. You have to choose one between  the two options above.  

6. Case of cheating does not lie in the present circumstances.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
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Complain to BBMP against the builder & indifidual flat owners for allowing such illegal structures in their vicinity and also to claim compensation by filing a suit before the consumer court for not allowing you to utilise the undivided right like, common passage etc
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
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1) your complaints made to BBMP against iron grills installed in sub passages is the best option . if no action is taken file RTI application to know status on action taken on your complaints . 

2) move consumer forum against the builder for deficiency in service and obtain orders directing builder to obtain OC 
3) filing suits against individual flat owners is an expensive proposition . 

4) no case of cheating is made out
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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