Hi
We 10 flat owners purchased flat from promoter one year back in the residential apartment as per municipal plan. Now the person who given the land to promoter for joint development of property started a Montessori school in the ground floor flat of building ( 5 flat allotted to landowner by promoter including ground floor flat as part of agreement ) .We have filed a case against the owner of land at District judge ( Jr. Div) for injunction by making municipality and promoter also as secondary defendant stating that the landowner is opening a commercial activity and using the common passages of residential building. The court has passed the status quo order on both the parties. The ex-landowner has got the trade license from municipality after court order to run the school and taken one or two admissions also. In reply to our case filed against him he wrongly mentioned that he has got a valid license from municipality and the flat owners including me are fighting with him and stopping him in running his school. He also mentioned that the flat owners should ask the association ( we have not yet formed any association as building is not yet handed over by promoter) to take the required steps instead of arguing him individually. He also got the time extended for hearing by filing a request.
At one side our case is going on but the landowner has started a fresh case against the building association (there is no association in place right now) and request the court that association members are asking for hefty and illegal maintenance charges and as I am not agreeing to association members they are forcing the children and guardian not to enter the school premises and creating disturbances.
I need following advice. a) Can landowner is eligible to file a case against association when a case is already been filed against him by the separate flat owner. At one place the landowner is requesting the court that flat owners should come through association and on the other side he is filing a case against association.
b) Can we apply to municipality that as per the sanction plan it is residential building and a case is going on against the landowner. So please cancel the license which has been issued when court order was in place.
c) Can landowner use the common passage without the approval of flat owners if association is not yet formed?
Any other advice if you think can help me in this issue is very much appreciated.
With rgds/ Pawan
