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Chetan Prajapati   30 August 2024

Can i use shop otla outside my shop as builder has given in the demarkation in builder plan

 I have shop in society we are total 30 shops which we are in housing society but we have different society registered of 30 shops we maintain our own premises.

The builder has given the shop area as 315 sq ft along with otla and shop in agreement along with demarkation.

But the size of shop is 21.5 × 9 ft =193.5 sq ft so it means the remaining area is otla of my shop??

The muncipal corporation is not allowing to use the otla area they are saying we are not allowed to use that area. The otla is of 30 feet out side my shop on which we use 10 feet and rest is for public usage and after that there is muncipal corporation footpath 

And in index 2 there is mentioned the area as 30 sq metres which is equal to 315 sq metres



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

 An otla is a threshold space or verandah that acts as a public/private interface between a street and a home.

An otla is a plinth or elevated space that borders a street and surrounds a home's doorway. It's a transitional space that allows the street to gradually move into the home, that's designed to be porous, allowing nature to permeate freely.

 

In the given asituation, occu[pying the otla space would be considered as an illegal occupation or even a trespass.

Therefore you may decide how you are going to tckle the legal issues that may arise due to your such aggressive act of encroaching the public space.

P. Venu (Advocate)     30 August 2024

The particulars in the conveyance deed cannot overrule the policy of law and procedure as laid down and implemented by the Municipal Corporation.


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