Our building has two elevators. and two staircases. Certain residents have affinity towards dogs and they love to feed them in stairs. however, they do not want dogs to approach their house doors hence they have constructed gates on respective floors. Stairs are emergency exits and there should not be any obstacles for people to evacuate and exit the building in case of emergency. What could be done about this issue if the concerned resident and managing committee are not paying any heeds to the highlighted issue? Would there be any remedy under criminal procedure code, as this involves the possible hazard for human lives in case of fire or any such calamity in future?
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Complain to muncipal corporation against installation of gates on floors
2) if no action is taken issue legal notice to residents to remove the gates
3) you can file complaint with fire brigade regarding installation of gates on floors
4) you can file private complaint before magistrate under section 133 of cr PC for removal of unlawful obstruction or nuisance within specified period
You can complain to society and later to dy registrar for the same.
If you are aggrieved by such acts you may have to first approach the association with a letter expressing your grievances after speaking to the concerned member who had installed this obstruction in the public pathway.
If the association is not paying heed to your humble request then you may have to resort to legal method i.e., by issuing a legal notice to the association highlighting the obstacles created by so and so member which has put the other members to serious inconvenience as the pathway and the emergency exit have been blocked making it inaccessible for the other members during the periods of emergency or even at the normal times.
A copy of the legal notice may be endorsed to the registrar of cooperative society and the local civic body to inform them about this illegality.
Subsequently, if there is no solution arrived to this problem, you can approach court of law with a suit for mandatory injunction to remove the grill gates or the obstacles found in the public pathway citing all the reasons therein and by attaching all the documentary evidences to prove this.
Hope you do have a residents' welfare association. If so, ask them to take appropriate action. No resident has any right to enjoy the common areas or amenities exclusively. It is better to sort out the issues amicably for peaceful living.
Dear Client,
As per the facts which have been provided, you can approach the court and file for injunction in this case.
Thank You.
- A RWA/ Housing Society is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.
- Hence, you can lodge a compliant against them before the managing committee , and if no response then you can lodge your compliant before the Registrar.
- Further, being a resident of a housing society, pet lovers should also understand that pets should not cause nuisance and botheration for others.
- Hence, you can lodge a compliant before the Municipal corporation as well against the pet lovers.
