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Ajit kumar nair   18 July 2017

Dispute over parking area

Sir,­

 

Ours is a 3 storeyd building having only 8 flats in Khargar, Navi Mumbai. The society has only one stilt parking. The ground floor member had made the stilt parking as a pucca room and was using as a study room/living room etc. from 2001-02 saying that he has purchased the stilt parking. Though  the stilt parking area is in his exclusive custody from 2001-02, till today he has not paid a single paise as parking charges nor the society is not  levying any  parking charges on him but promptly recovering  charges from other members who are parking their vehicles inside the compound.    He says that  in his allotment letter builder has mentioned that 950 area including stilt parking and open balconies are allotted to him.  He has made a second illegal door for direct entry and exit to the parking area  directly from his flat. 2-3 members  complained to the municipal authorities and they have only removed the constructions made in the stilt parking. The same member with the support of some members of the society is harassing the other members who are objecting his illegal activities, by not operating the lift, not pumping  water etc.

We would like to know whether:-

  1.  he can purchase the parking area  
  2.  he can construct a second illegal door from the other side of his flat which  is not in the original approved plan of CIDCO
  3.  We can file a case against him in the court
  4.  Society can charge the parking charges with interest from 2002 till   date
  5. Whether he can stop the lift facility, water supply etc.

 

Sir, we seek your expert advice/guidance regarding the further course of action in the matter. Please help us.

Thanks,                                                                                            

 



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 July 2017

Sir, 

 

File a Civil Suit in the court seeking demolition of the room he had comstructed, even though he has bough a parking in this name, but the construction remains illegal and should be demolished. Hire a competant lawyer and take action against them .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

 

Ajit kumar nair   18 July 2017

Thank u sir for ur advice.

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