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Stay on demolition of open space in ground floor society flats


14-Mar-2023 (In Civil Law)
I am staying in a private society in,Delhi. It is a ground floor flat and has open space in the backyard being maintained by flat owners. The society now wants to remove the open space and make a road in case of fire accidents and movement of fire tenders . It is an unjustified reason as there is already sufficient space for vehicle movements. I want to hold this unjustified decision . How can court help in getting stay order ?
Answers (3)

Answer #1
610 votes
I have read and understood your query and shall be able to address your concern as i specialise in civil laws. However I need some more additional information so as to guide you well in this case accordingly.
Answer #2
702 votes
Whether that open space is part of your flat or it is for common use ?clauses regarding that open space is important.from how many years flat owners are using that space all these questions are important for your query.although if other flat owners are also opposing same and there is any alternative remedy available then all of you can jointly apply for stay before court
Answer #3
705 votes
If the open space is being part of the flat owned by the owners then society can not take away or use this space. It is to be seen from the papers of the property that whether the open space is a part of the flat or not.

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