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Encroachment of common area in a society
14-Oct-2024 (In Property Law)
I live In a society. And one resident has chained the area just as we exit the lift in basement . Just want to know that can we use the area which is at the lift exit wall as a car parking and chained it.
As it is dedicated for a common passage and in case of emergency this is the shortest way to get exit from the building.
Greetings for the day,
The area left for common passage and usage can not be chained by a person with out any justifiable cause and permission. If such person is not removing the encroachment, the other affected persons can initiate legal action against him.
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Adv. Deepak Sharma
Faridabad | 200+ Answers
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In response to your query:
If the area near the lift exit is a common passage or emergency exit, it should not be obstructed or used for private purposes, such as car parking, especially in a manner that blocks access (e.g., by chaining it off). This space is likely governed by the society's rules or by-laws, which typically ensure that common areas are accessible for all residents and cannot be appropriated for personal use. Additionally, blocking an emergency exit could pose a serious safety hazard and may violate local fire safety regulations.
You should raise this issue with the housing society's management or Resident Welfare Association (RWA) to ensure the area is kept accessible, especially since it could affect safety during emergencies. If no action is taken, you may consider taking the matter to the local municipal authorities or filing a formal complaint under relevant property or safety laws.
Adv. Mahinder Singh Mavi
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Adv. Mahinder Singh
Faridabad | 100+ Answers
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