Sir / Madam,
This is Dinesh. Needed your valuable suggestions for my problem.
A Builder constructed two identical Houses inside UDS (Un Divided Share) area of
1000 Sq ft. / each House
House No.1 is located road side.
House No.2 is behind the House No.1 and House No.2 is not in road side.
I Purchased -House No.2 (10 years Back). After 5 years I constructed 1st floor.
In House No.1 (which is road side) Out of 1000 sq.ft Builder left a area (5ftx30ft) as common passage.
Through that passage I have to reach the street.
Being it is UDS and common passage Builder constructed (digged) two water WELLs ( which is inside the floor level and covered) from one well I use to get water and similarly from the other WELL the House No.1 using water.
Similarly both of us can park 2 Bykes each in that common passage.
In the past years inside the common passage the followings are laid inside by me
‘Municipal water Pipe for my home
Electrical 3 phase cable for my home
Single phase wire above that passage path.
Drainage pipe and above that common passage
House No.1 having another gate on roadside and they use the common passage only to park their two bykes and they may attend their maintenance work of their WELL .
Now, House No.1 is planning to constructed 1st floor by covering the common passage by raising columns. (or) without column they may extend their balcony in such a way that covering full area of common passage.
In that case I will be the more sufferer because of the below mentioned following points
- if this is the case the structure will be like I am in the position to cross inside their house to reach my house.
- it is very difficult to do the maintenance work of WELL or bore well i.e., I will not have space to lift approx. 50 feet of pipe from well to upward towards sky for maintenance purpose once it will be more obstructing / inconvenient for me to access to travel to road side.
- If there is future rework of 3 phase cable , drainage pipes, Municipal water line, which was already laid inside the passage land etc.,
But House No.1 not at all listening my wards at all. They are very much interested in increasing
their 1st floor carpet area by increasing construction area by covering the common passage.
Is legally what they are doing is acceptable?
Please suggest me what I can do in this situation.
What will be the negative and Positive consequences for me?
Will it affect my house resale value will go down in future or difficult to resale?
Or suggest me, do I have to sell this house is better choice in this situation?
Needed valuable suggestions .
Thanks and Regards,
Dinesh
