Illegal construction in common passage
Querist :
Anonymous
(Querist) 28 April 2023
This query is : Resolved
What kind of construction or modifications in the common passage are considered illegal
kavksatyanarayana
(Expert) 28 April 2023
Please specify your query clearly but not an academic one.
Sudhir Kumar, Advocate
(Expert) 29 April 2023
not able to convey what you want to ask.
where is the property
which body governs property management
what is the property
Sudhir Kumar, Advocate
(Expert) 29 April 2023
not able to convey what you want to ask.
where is the property
which body governs property management
what is the property
Querist :
Anonymous
(Querist) 29 April 2023
The property is in Pune. It is under there builder's maintenance. My immediate neighbour has erected wooden structures along the wall and ceiling of the common passage. Also he has erected a wooden door on the door already provided by the builder, which opens towards the outside and almost extends to our doorway when open. I wish I could share photos of the same with you all so you could understand.
T. Kalaiselvan, Advocate
(Expert) 30 April 2023
Any construction done by an individual owner/member in a common area of the complex, especially without the permission of society and the local civic body is considered to be an obstruction hence illegal and liable to be removed demolished.
If you are aggrieved by such acts, you can raise the issue with the society, if the society/association is not initiating any action or if the said actions are not effective and not yielding any good result then you can approach the registrar concerned with a complaint against the society as well as the erring individual or you can approach cooperative court with suit for mandatory injunction against the member who is encroaching and creating obstructions, to direct him to remove/uninstall/demolish the said illegal structures immediately.
You can talk to the committee members of the resident welfare association and try to solve the issue amicably and if this efforts proves to be futile, then you can resort to legal action as per procedures of law.
P. Venu
(Expert) 01 May 2023
The construction, as detailed, does not appear to be causing any inconvenience to anyone nor does it amount to structural alteration? What is the harm if the neighbour strengthened wall using wooden structures and has fitted an additional door for his convenience and safety?
