Fabrication and shed near my whole flat
Querist :
Anonymous
(Querist) 01 December 2024
This query is : Resolved
I have purchased 3 bhk flat in on third floor in gandhinagar Municipality three year ago which has 4 blocks and first two floor on road side have two floor commercial shops and between two block there is open open space above second floor commercial shops.
At the time of handover of society the open space of above shops were open as it was not accesable to any residence.
After 1 year the open space above commercial shops are make accesable by two owners of residence of below my flat B 204 and same have been done by C 204.
B 204 ower has covered open area with iron fabrication and shed which is exactly below [My Flat 304] my main bacany and two bed rooms.
Because of this is am suffering from mental distrustion as kabootars and some time monkey make our condition miserable.No peace in bedroom and balcony.
I have complaint in society but it is saying it is temporary shed and the area is only accesable to these flat owner and bulder has given right to use this space in dastavej by taking undisclosed money from them (I have have not verified it)
I have problem of privacy also as shed roof can be accesable by below owner and can reach by flat and bacany.They don't any permission from society or Municipality for this.
My friends are saying this is normal in all society and Municipality will not take any action etc.But I am very frustrated and want to sale my flat as kabootars voice and nuisance is terrible.
What should I do.
T. Kalaiselvan, Advocate
(Expert) 01 December 2024
If it is a structural alteration then a complaint can be made with the municipal authorities followed by a suit for mandatory injunction against the flat owner to remove the illegal structures constructed therein which is obstructing your easement rights by obstructing air and light. you can implicate the municipal authorities in the suit seeking direction to remove unauthorised constructions
Querist :
Anonymous
(Querist) 01 December 2024
Sir,
Thanks for the reply.Kindly advise on commercial shop Terrece can be sold by bulder for usage right to flat owners.
And if usage right is given can he put shed with iron which is adjustant to my two room window and hall balany.
If he has any document to usage right where is our right of privacy and discomfort due to birds voice and unhygienic air from shed from our out door AC.
Can builder sale this and if he can sale to adjustant flat Holders which is not accesable to other owners..can they distroy my legal right of privacy and peace of life making shed only on usage right by builder.
Other points is water follow of terrace diverted also in case of fire this structure can be obstracal for evocation.
