Regarding encroachment of common area for keeping the dogs
Dr nazia khan
(Querist) 18 February 2016
This query is : Resolved
We had purchased a flat in march 2015.the apartment iz up to 2nd floor only and we r residing in 1st floor.in 2nd floor the encroachment was there which covers the common space areas that is stairs going upstairs and terrace.when the apartment owners shifted after a month they closed the door saying dat the terrace belongs to them and that are using that common space areas for keeping their 2dogs they lock that doors denying us to go upstairs.we already gave them the notice regarding nuisance and encroachment in the common space area but they replied via notice that their dogs are trained and they are not denying us fro m going upstairs. They r using the common space area for keeping their dogs.dogs urinate and defaecate upstairs.their hairs used to stick on our dresses and often their bunch of hairs used to lie here and there.their saliva used to fall on our head when we remove our bikes frm the parking area.they used to call their relatives loaded with weapons if we talk about the issue .kindly suggest the solution legally.they alreadyhave a fight with the neighbours leading to police fir BT now nobody wants to raise the issue
Adv. Yogen Kakade
(Expert) 19 February 2016
The common areas in the building doesn't belong to any particular flat owner even if they have paid of the same.
Also send a notice to the municipal corporation to move the dogs from the society mentioning the grounds of nuisance. File a complaint with the local police sending the copy to the commissioner of police and request to file a FIR.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal
(Expert) 20 February 2016
Try to have amicable settlement. If not possible lodge police complaint.
