Obstruction in rear setback area of residential apartment building
Dr K N Murty
(Querist) 15 August 2014
This query is : Resolved
Sir / Madam
I am a retired scientist, sometimes asked to help and guide people around, having been at such community service for long.
A family friend, an elderly lady, lives in 3 story house in Hauz khas from 15-20 years. This building has setback on three sides as per santioned building plan of MCD. It has Basement + three floors.
A new buyer of ground floor has started claiming ownership of these set back areas and is putting all obstacles in its usage by other apartment owners. He says there is a court judgement granting this ownership.
1. Please let me know if a judgement by Delhi Courts exists providing such ownership of setback areas to ground floor owner.
2. Is there a judgement under CRPC 133, granting relief to us. against such obstruction.
Please revert soonest, with references for copies of such judgements.
Thanks and Best regards, Dr Murty
Sudhir Kumar, Advocate
(Expert) 15 August 2014
The nature of problem is such that none having sympathy with you and lady, should attempt a reply without site inspection and without seeing the papers.
V R SHROFF
(Expert) 15 August 2014
LET YOUR LOCAL LAWYER INSPECT THE SITE; AND SUGGEST YOU.
ajay sethi
(Expert) 16 August 2014
we cannot guide you without going through the case papers .
Rajendra K Goyal
(Expert) 16 August 2014
All the documents has to be referred, consult a local lawyer.
Raj Kumar Makkad
(Expert) 20 August 2014
You are advised to obtain the professional services of a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
As suggested you can consult a local lawyer, take his advise and proceed.