NEERAJ SAINI (Specialist) 09 July 2012

2nd floor owner is adamant to keep gate in staircase

Dear Sirs/Madams,

There is a metal gate (which can be locked from inside) is installed in common staircase by 2nd floor owner which obstruct access to rooftop where Water Tanks are placed.

I checked previous posts on lawyerclubindia.com and found this is illigle.

Surprisingly 2nd floor owner is adamant and refused to comply even with SHO suggestion to remove the gate and ready to go for any civit suit.

My questions are:

- Such cases are accepted by Civil court which are not complying with basic regulations? If yes, then can there be any possible reasoning to keep obstruction in common staircase?

- I being owner of Ground and First floor has to place court case for this issue, then am I also eligible to file a case of mental harrasment and stress to fight for my basic right?

Thanks in advance for your valuable suggestions

Neeraj Saini,

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 09 July 2012

File a suit for injunction against him praying for removal of the gate installed by him and prohibiting him from installing any such gate in future in the common passage.

There may be security reasons for installing the gates, if the owner of the second floor justifies his action for security reasons, the court may not grant you injunction. However, since it is a common passage you can say that one key of the lock to the gate be given to you.

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NEERAJ SAINI (Specialist) 09 July 2012

Namaskar Archana Ji,

Thank you so very much for your valuable input.

This point was raised in front of SHO as well. Now only concern, If God forbid any potential security hazards happen to him and he puts blame on sharing the access of door with me.

Also, he is free to put extra security in his floor entrance gate as well. Is it me getting too demanding. Although, I am ready to share the expenses for this course.

Thanks a lot

Neeraj Saini