un authorise flat in cellar of the apartment.ment for parkin
mohd faseehuddin
(Querist) 02 October 2009
This query is : Resolved
Respected sir,
I am owner/resident of apartment. the owner constructed a flat without mch sanction in the area meant for parking i.e in the cellar which is 3+ feet from GL. he promised to demolish instead sold it to one book binder. the book binder creating day and night nauisens. he uses the common passage on right side of apartment as his own. on right there is a parking area lakhes of rs worth of cars are parked. about 4. he keeps the common passage door open day and night which gives assess to any authorized person to enter the parking area. there is no night watch man. how to restrict him. can as a secretary of apartment association lock the side gate as ask them to come and collect the key or let us have two set of keys one with me secretary and other with the unauthorized flat own.can we issue a notice through society reg. to cellar flat owner and law helps up warm regards. i cn more details if asked.. mfs202@hotmail.com
Raj Kumar Makkad
(Expert) 03 October 2009
You have got every right to have full access, water, air, passag, open road etc. from the builder and if any hurdle is created, u may take civil as well as criminal action against all such persons.
Adinath@Avinash Patil
(Expert) 03 October 2009
This is perfect case of consuner , you can file complaint in consumer forum against the owner Before you should issue notice throuh society.
Kiran Kumar
(Expert) 03 October 2009
i believe civil litigation will be better option here because looking into the nature of case, voluminous evidence is likely to be adduced.
Sachin Bhatia
(Expert) 03 October 2009
It is better to file a civil suit.
A V Vishal
(Expert) 03 October 2009
I suggest before taking legal recourse send a notice to both the builder and the book binder, complain to the municipal authorities about the irregularity and still if no action is coming, file a suit in the high court against the builder and the municipal authorities against the illegal construction.
mohd faseehuddin
(Querist) 03 October 2009
Thanks for positive responce from all of you. it seems i have not furnished the required details. ours is a apartment building constructed in the year 1990. I am the secretary of the Assoiation. The builder construted a small flat in the cellar, objected promised to domolish it after the work is done. instead sold it. unfortunately the building is no more. after issuing several notices and requests to mch no action. then filed writ petion in the high court. the writ was decided and issued order mch to issue notices to both and decide as per law. they notices and we both replied. my main stress was to stop trade in residential complex. i forgot to tell that mch has demolished a wall and stopped due to some polical interference.
now that unauthorise flat owner says that i am on ground floor as such 3rd floor is illegal. ( ours is g+3) the builder did not take permission for parking. but when i asked mch they told there is no need of separate permission since it is being used for parking only. now the unauthorise flat owner says that there are divisions in our apartment also. but we request first you act on High court directives demolish the unauthorise flat then issue notice to us for demivation if any.
this is in short the case details.
regards. mfs.
Raj Kumar Makkad
(Expert) 04 October 2009
You may approach HC and seek execution of its verdict. HC have full powers to get its judgment executed even through police.
