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construction in common area without permission of all flat owners
14-Jul-2023 (In Civil Law)
one of the flat owner constructed a temporary shed in common area for keeping his bike without giving any information to three flat owners among 6.At the meeting they apologize for that & was agreed to dismantle the same but after 4days later their son denied to do so. During the construction they damage the outer wall of one garage owner (Cashier). Regarding the matter I make a query to Secretary & cashier of the same & asked them what steps they have taken. & I also inform the Local Municipal authority & chairman also by letter enclosing the minute minutes where they apologize & make a commitment to dismantle that. Municipality send the PWD engineer also to verify the same but I suspect that he has taken a bribe from that owner for giving a false report. So my question is what will be my next legal steps? Can I go to the court?if yes which court ? (High court or Lower Court) what type of security can I get if they try to physically assault to me & my family? I
In this case you can communicate to your Society president and secretary through letter or any written communication. If nothing happens then you can send a legal notice to that person stating your concerns and demands. Finally, you can file a civil suit under the provisions of Civil Procedure code and Specific Relief act. If you are receiving any threat in any manner whatsoever, then you can report this to police and give an application that you are receiving threats.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Sir, after gone through your details information, I can say that, it is a violation of Municipal Rule along with the persons who make such type of shed it is against the Plan of the Building which was passed by the Municipal Authority at the time of errecting Flats over the land.
Therefore, at first my suggestion is to take some photos of such illegal shed and go to the Executive Magistrate for stop such illegal shed over without permission of Municipality and by violation of Building Plan, you must show the building plan and before the Court you must submit that said illegal shed were obstructed the other Flats owners who used garages and damage etc. etc. either under Section 144 or 133, (which concern Advocate thinks fit).
On the other hand, you can proceed direct before the Ld. Civil Judge (Junior Division) for demolition of illegal shed.
High Court have no jurisdiction in this regard.
You may before institution of noted above Cases, file a written Complaint before the Police Station for protection of your life and your family, by stating that, they will threating you to ruin your life if you proceed further against them. etc. etc.
Therefore, at first my suggestion is to take some photos of such illegal shed and go to the Executive Magistrate for stop such illegal shed over without permission of Municipality and by violation of Building Plan, you must show the building plan and before the Court you must submit that said illegal shed were obstructed the other Flats owners who used garages and damage etc. etc. either under Section 144 or 133, (which concern Advocate thinks fit).
On the other hand, you can proceed direct before the Ld. Civil Judge (Junior Division) for demolition of illegal shed.
High Court have no jurisdiction in this regard.
You may before institution of noted above Cases, file a written Complaint before the Police Station for protection of your life and your family, by stating that, they will threating you to ruin your life if you proceed further against them. etc. etc.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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MY OPINION THAT i have follow your vital case /cases and i think that you have legitimate right /rights to take immediate legal step /steps against that particular flat owner ,as you have such legitimate scope to move before High court without any delay and you have take rapid action /actions against that flat owner by criminal proceedings bilaterally.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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