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Illegal encroachment to install gate on stair
12-Sep-2026 (In Property Law)
Live in a builder floor and third floor which have roof right install a gate in stair just up to second fllor stair and we enable to go on roof for check water tank or other things gave multiple compain in police station but thry told we have not right to remove gate suggest me legal process to remove his gate from common area
Hi there, in this situation you'll have to file a suit for permanent injunction from blocking the common pathway along with temporary injunction to remove the gate immediately.
Once the decree is received then the police will help you to get the gate removed.
Alternatively, you can also file a complaint with the concerned municipal corporation.
It's advisable to contact me and provide more details to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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You may file a civil suit for mandatory and permanent injunction against the person who has installed the gate in the common staircase/area. If the staircase provides access to the common roof for maintenance of the water tank and other common facilities, the person generally cannot obstruct such common access merely by installing a gate. First, obtain the sanctioned building plan, sale deed/conveyance documents and society/RWA records to establish that the staircase and roof access are common areas. Send a legal notice demanding removal of the gate and restoration of free access. If he refuses, seek an interim injunction and mandatory injunction from the competent civil court directing removal of the gate. Police complaints may be made regarding obstruction or breach of peace, but the actual right to remove the gate is ordinarily determined through civil proceedings.
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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If the gate has been installed across a common staircase/passage leading to the roof, and the other owner is using it to prevent access to the roof/water tank/common facilities, there is a proper civil remedy. The police generally will not decide the underlying property/right-of-access dispute.
Please share title documents to check
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Adv. Atishaya Kaushal
Adv. Atishaya Kaushal
Delhi | 25+ Answers
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Even where exclusive roof rights belong to the third-floor owner, the other owners can retain a limited right of access to reach their water tanks for inspection, cleaning, repair, replacement, etc. Delhi courts have recognised precisely this distinction. The Delhi High Court's decision in Rajender Jaina v. Sanjay Aggarwal is particularly useful.
There are several more decisions of courts which says that where there is the staircase/common entrance is available for access, putting a door/iron gate and locking it to prevent access is not justified.
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Adv. JWO Prashant Kaushik (Retd)
Adv. JWO Prashant Kaushik (Retd)
Delhi | 5+ Answers
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You can file a suit for mandatory and permanent injunction.
You have to show your bonafide and necessity to access the roof to the court. Rest guidance can be given after seeing all details of the case and facts.
You can consult me between 3 PM - 5 PM.
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Adv. Kanav Gupta
Adv. Kanav Gupta
Delhi | 5+ Answers
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