If it’s a common area then they cant utilise the same for personal use and same is a illegal act
Illegal occupancy of common corridor space by owners
I live on the ground floor of a 32-year-old MHADA building where no society has been formed yet. My neighbours have built an iron gate construction in the corridor, thereby claiming the floor space for their own usage. They have continued to use the space exclusively for personal storage, depriving other floor residents the right to access the corridor. When challenged, they said it was for their own safety. Have made multiple complaints with MHADA, but no action has been taken. Officials at MHADA told that since my residence is outside the fence, I should not object.
Asked 21 days ago in Property Law
Religion: Christian
7 Answers
issue legal notice to neighbour to remove the iron gate from the common passage
If he fails to do so File suit seek court orders to direct neighbour to remove iron gate from the common passage
You need to engage a competent lawyer and issue notices to the neighbours concerned and also the MHADA for removal of such structures from the common passage before a set deadline. If they do not comply, file a suit at the jurisdictional court for redress under the relevant provisions of the MHADA guidelines and also under the Easements Act, in consultation with your lawyer.
- As per rule , Common area in apartments includes Swimming pool, running track, playing area for kids, garden, elevators, lobby area, parking lots, and Corridors.
- Further, no resident is allowed to use the common area for his personal benefit and further the common areas cannot be converted for any other purpose.
- Since, you have already lodged your compliant before the MHADA , then you can file an Injunction suit before the court for restraining him from using the common area for his personal use.
- However, before filing the suit you can send a legal notice to him.
First of all, if the iron gate was installed in the corridor obstructing your movements then you can issue a legal notice to them to remove the same and clear the obstructions put up in the common area.
If they do not listen nor take any steps to remove the same, you may file a suit for mandatory injunction seeking court direction to remove the same and provide easement rights which has been deprived by the neighbor by such illegal structures.
Dear Client,
If the corridor is a common area, your neighbors may not have the right to exclusively claim it for personal use without the consent of all residents or without proper authorization from the relevant authorities. You can seek advice from a lawyer who specializes in property law. They can review the documents related to your property, including any deeds, bylaws, or regulations governing the building, and advise you on your legal rights and options. Your lawyer can help draft a cease and desist letter to your neighbors, formally requesting them to remove the gate and cease obstructing the common area. This letter should outline the legal basis for your objection and the consequences if they fail to comply.
- Send a legal notice to MAHADA to dismantle the illegal iron structure.
- If MAHADA doesn't respond, or, doesn't dismantle it, sue it in civil court.
- I'm willing to serve the legal notice upon MAHADA and handle the litigation as your counsel. However you need to visit me for exhaustive consultation first
- I'm based in Mumbai /NaviMumbai just as you are. So it shouldn't be much of an issue for you to visit me for exhaustive consultation
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