Apartment common passage encroachment
Shefali
(Querist) 25 August 2014
This query is : Resolved
In an apartment can any owner enclose even little area of the common space outside his door by putting grills or racks?
Can residents association approve such encroachment?
In our apartment on all floors there is some 12' wide passage and many people have put up grills enclosing 3 sq. feet of common space just outside the door and association has approved it.
Many of the owners had encroached even before formation of association and so they say there was no rule/association when they encroached and so they cannot be blamed.
Is there any solution for this?
ROHIT SHARMA
(Expert) 25 August 2014
Madame Shefali,
1. The association cannot permit such encroachment. Serve a notice to the Chairman/secretary of the Association.
2. Gather co-operation from other flat owners who to are ready to take objection in this regards.
3. Serve a notice to the Chairman/Secretary by 2/3rd of the association members and call for a urgent special General Body Meeting. Pass a resolution against such rules if they exist.
4. You can file a complaint before the Registrar of Association for resolving this issue.
Raj Kumar Makkad
(Expert) 25 August 2014
There is common rule which always prevails tat none can be allowed to encroach upon the common space hence the action of the management is totally illegal which can definitely be got set aside by adopting the legal recourse as advised above.
Hemant Agarwal
(Expert) 26 August 2014
CONTRARY to the suggestion :
1. The Registrar of Association (if applicable) has no lawful jurisdiction to adjudicate in matters of encroachments or illegal constructions.
2. All complaints pertaining to "encroachments or illegal constructions", can be made /adjudicated before the local Municipal Council /Corporation .OR. by filing application u/s 156(3) before the local magistrates court. Even one single member/owner may file the aforesaid complaint, since the ghetto of members usually are reluctant to do any lawful procedures.
Keep Smiling .... Hemant Agarwal
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Rajendra K Goyal
(Expert) 26 August 2014
Such encroachment with society permission but without municipal authority is illegal. Consult a local lawyer and proceed legally against such move.
malipeddi jaggarao
(Expert) 26 August 2014
I agree with experts Mr.Rohit Sarma and Mr.Rajkumar ji Makkad.
Dr J C Vashista
(Expert) 26 August 2014
1. Encroachment in common area cannot be permitted, it has to be removed by the managing committee/association.
Issue necessary notice.
2. However, Ms. shaifali, yours is a cooperative society or RWA since the Rules and Act vis-a-vis their powers differ.
Shefali
(Querist) 27 August 2014
Thanks all for the clarifications.
Ours is a RWA.
Is encroachment permitted in RWA?
It should not be as in the sale deed its mentioned owners will not use the common passage for personal use.
Dr J C Vashista
(Expert) 27 August 2014
RWA donot have any such power to remove encroachments, report the matter to local police and/or seek a permanent and mandatory injunction from civil court, engage a local lawwyer.
Raj Kumar Makkad
(Expert) 27 August 2014
RWA is meant for ensuring the implementation of its lawful orders and not to frame illegal rules which are contrary to the established law.
Shefali
(Querist) 29 August 2014
Thanks for the valuable informations.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
I agree with the experts views on the subject issue. The encroachment of common passage is illegal and need to be removed, if the association is still acting deaf to the complaints made in this regard, the legal actions as suggested may fetch desired result.
