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Common area in cghs

(Querist) 14 February 2016 This query is : Resolved 
I have bought a flat in Dwarka, Delhi. On each floor, there are 3 Flats. My flat is on the front side. There is a wide corridor once you come out of lift. After this wide corridor, there is a narrow passage which gets me to my flat. I have seen that other flat owners have put small gate on starting of this narrow passage. When I tried to put tiles on this passage area, the other owner on the same floor is complaining that this narrow passage is part of common area and nothing can be modified in this area.
Can you please advice whether his claim is legal or not?
You will find attached herewith the layout of floor area.
Guest (Expert) 14 February 2016
Common area cannot be modified or altered.
Swatantra Singh Bhatia (Querist) 14 February 2016
Sir,
Is narrow passage considered as a common area?
Regards
Guest (Expert) 14 February 2016
Passage, may be narrow or very wide is always a common area. Otherwise, being personal or private, no one will allow you to pass through that area without speific permission or consent.
Dr J C Vashista (Expert) 15 February 2016
I agree with the expert advise of Mr. PS Dhingra, you cannot modify/alter or change the common area, just confine yourself within the four-walls of your flat.
Bye-laws of your society, Delhi Cooperative Soceities Rules, 2007 and Delhi Cooperative Societies Act, 2003 are very clear on the subject.
Rajendra K Goyal (Expert) 15 February 2016
Passage is common area, can not be altered.
Adv. Yogen Kakade (Expert) 15 February 2016
It is a common area and you don't have a right to possess the same for your personal use.
Sudhir Kumar, Advocate (Expert) 15 February 2016
layout not seen. From your query it appears that some passage is serving a single household. It is not common and nothing wrong in enhancing security of own house as long as passage of others is not obstructed.
Dr J C Vashista (Expert) 15 February 2016
If you feel some more clarity/information and/or advise I am also residing in Dwarka, New Delhi.

Besides this, I am working as Hony. President of the Managing Committee of our CGHS for the last 4 years (second term 2015-18)and taking up cases relating to cooperative societies in Delhi, you may contact, on prior appointment, as a professional.
Swatantra Singh Bhatia (Querist) 16 February 2016
Dear Mr. Kumar,
I can send you the layout if you provide me your email and also confirm that this narrow passage is serving the single Flat. I have seen in other floors and block that the owners have actually put gates to ensure more security.
Mr. Vashishta,
I am traveling outside India for next 2 weeks and will be willing to fix an appointment with you once come back. Could you please send me your contact details on swatantrabhatia@gmail.com.

Regards

Swatantra
Dr J C Vashista (Expert) 17 February 2016
Mr. Bhatia,
My address is as under:
Chamber No 647, 6th Floor, Lawyer's Chambers Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075;

Consultancy Room,Lawyer's Chambers Block-1, Delhi High Court, New Delhi-110003;

Seat NO 36, Gajanand Block, Tis Hazari Courts, Delhi-110054;

Cell# +91 98911 52939 (preferred time 5:00pm to 8: pm)
email: majjagdish@yahoo.com
Regards,
Dr. (Maj) J C Vashista, Advocate


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