Boundary wall of apartment
VIBEK
(Querist) 02 February 2016
This query is : Resolved
Dear Sir,
We are 10 out of 11 flat/shop owners of an apartment at Barrackpore , West Bengal.There is a vacant land in the name of promoter adjacent to the apartment of about 3000 sft surrounded by 5ft high boundary wall in 3 sides . The promoter is very kind enough and wants to raise the boundary wall through the partition of the adjacent vacant land and the area of the apartment.We 10 flat/shop owners on behalf of Flat Owners Assn requested and convinced the promoter not to raise the boundary wall as the land may be used for children playing area and for any social occasion so far the land remains vacant.. But just one flat owner at 3rd floor insisting the promoter to raise the wall.
We want to know can just one flat owner compel the promoter to do so or not. And is it mandatory for the promoter to build the wall even if the Flat owners assn are against this.
Thanks.
Vibek.
Anirudh
(Expert) 03 February 2016
It is for the promoter to do what he wants to do, so long as he is not in any way affecting the apartments/flats handed over to the owners.
The stand of the Association appears to be childish. If a nearby plot is vacant and children want to play there, can't the children go out of the compound to that plot and play? Non-construction of the boundary may in future lead to several complications, intrusions etc. As and when the Association wants a boundary wall, the promoter will not be there or will not be ready to the construction. Then who will bear the cost? Will the present members who are against the boundary will bear the cost?
It is not the question of one flat owner vs. rest. It is the question whether it is sensible not to have boundary wall, just because the children have to play in the nearby plot which is vacant and which is accessible from the side where boundary wall has not been raised!
P. Venu
(Expert) 03 February 2016
If this query you are a flat owner; in another you are a promoter. This is highly intriguing.
Adv. Yogen Kakade
(Expert) 03 February 2016
That's right..two different queries as two different entity with one identity.. surprising
Rajendra K Goyal
(Expert) 03 February 2016
Land belong to builder and he is free to take decision for this portion.
