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Mohan Devadiga   27 March 2020

building design plan is important or house registration

in my apartment the builder has sale the flat by paying more stamp duty of commercial near 25 year ago but the building approved plan is of residential apartment flat now the flat owner is encroachment the parking space and illegally opening of house entrance door to trespass on the building property adjacent to your flat without approval


Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     27 March 2020

Report the same through Regd post  to  Commissioner Municipality/Corporation with such photographs.

P. Venu (Advocate)     27 March 2020

The facts as posted lacks clarity. Olease post the simple facts.

T. Kalaiselvan, Advocate (Advocate)     27 March 2020

The encroachment of the parking space which is existing as parking space since the construction of the apartments is nothing but an arrogant and illegal act.

The building owner has no right to open entrance on his own on whichever side he may desire.

He has to adhere to the building construction approved plan only for all  such things.

His illegal activity may be brought to the notice of the local civic body and if they fail to take any action  on this and if you are affected by such an illegal act, you may file a suit for mandatory injunction against the owner and you can implead the commissioner of the  municipal corporation as necessary party seeking direction against him to demolish the entrance and remove the obstcles in this regard if the house owner is not complying with the court orders in this regard.

 

Dr J C Vashista (Advocate)     28 March 2020

The building was handed over 25 years ago (after registration) as "commercial", how the status is found to be "residential" as per approved plan ?

Encroachment is altogather a different issue in a commercial building.

Be clear and specific, your statement is vague.

 

Dr J C Vashista (Advocate)     28 March 2020

It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeeding.


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