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Use of passage without obstructing the movement of other members


10-Feb-2023 (In Civil Law)
The building has two flats per floor with 30 ft length and 1.5m wide passage with two flat entrance and two lifts on the extreme end of the passage (15 ft. Appart). There is a door leading to the staircase 18 ft from my door and 12 ft. from neighbours door. I have used the passage to keep a 0.5 m wide furniture to store shoes and miscalculation items. Thus the clear passage without any hinderance is 1.0m which is as per the National Building Code. However, the neighbour is complaining to the society about this. The lift on his end is accessible to him directly from his door. The staircase door is not blocked. If he has to use the lift on the other side his access is not restricted. Please suggest how to proceed and take this up with society.
Answers (3)

Answer #1
520 votes
Hello, You can make an application to the chairperson of society for doing this and make him clear the laws and what's legal here after that, if they deny you, you can ask for a valid reason on paper which would be helpful for further legal course of action. Hope this works for you
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Advocate Shweta Pandey

Adv. Shweta Pandey

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Answer #2
756 votes
Well, try to settle these kind of issues with your neighbor before the Society Forum by drafting an Application as per the concerned Byelaws of the Society. You can take the help of Co-operative Societies Act, 1960 too.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #3
996 votes
I will advice you to write a letter to your society about the actual facts and how you have been following and complying with the laws. It should be a request letter to the society in a polite language. Kindly refrain from criticising the complainant member.
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Advocate Priyanka Pai Samant

Adv. Priyanka Pai Samant

LawRatoMumbai | 25+ Answers
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