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subhasish majumder (none)     13 August 2011

Common passage (not public) plz help

Reapectable lawyers and well versed citizen,i am in a serious problem regarding a common passage which my house shares..this is under kolkata municipal corporation,the problem is the passage i am talking about is shared by 4 bulidings and families and it shd be 3.6mt wide planned and sanctioned by the municipal authority and we have the dalil and mutation for the same.However one of the bulidings sharing that common passage will now be turned into a flat where the concerned people are constructing in such a way that the 3.6 ft wide passage will be violated.According to my knowledge a common passage is ony for common use like walking and hence no one can construct anything on it.the persons who are violating this are goons with stong financial power,as a consequence if they add something to that passage it will be tough for us to even walk bcs we only have the main entrance from it,the other bulidings which share this passage have also violated and constructed illegaly on this passage before our purchase,but our protest has gone into vain and we cannot make enemies all around but i need to protest against the new construction.please help me how can i proceed on this legally from the scratch and how much financial strength i may need to do that.myfather is bed ridden he cries for this everyday and i have promised him to help and win this for him.plzz help me regarding this ,all your help will be of an utter importance to me and my family.

note:they will start constructing the new building from october,this is a colony area where we have a colony committe which has sactioned and certified that we have a common passage which is 3.6 ft wide.

regards
subhasish majumder

I have attached a rough skectch of the layout



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 August 2011

File a suit for declaration and injunction against the person who are constructing the building claiming easementary right of way.

1 Like

subhasish majumder (none)     14 August 2011

thank u sir for ur kind reply but can u please tellme the process bcs i hear from ppl i shd do an fir before evrything...what shd be my gradual process in steps...and one more thing sir sorry for dstrbng ....how much money i require to fight this out?i know its not professional for u to answer but still if u can provide me with steps...thank u again for the reply


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