Sarthak Nayar 27 September 2017

Notice for removal of an old gate in building.

Respected members,

I am a resident of NOIDA, in my building everyone has done illegal construction from construction of balconies to rooms over the garages. I have a gate erected for the past 30 years before any of the residents moved into the building who are objecting to this due to some neighbourly altercations. The gate is not blocking any common area and all the residents used to peacefully live there for the past 10 years, however suddenly they all have ganged up and are forcing me to remove the gate, they have even gone to the extent of bribing few officials and in NOIDA authority and wer have recieved notice to remove the gate within 15 days or it will be removed.

Please advise me my next course of action, should i file a case for stay of the notice, if yes what are my strong grounds.

Thank You

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1 Replies

(Guest)

As you are the servient owner, you are at liberty to place the gate across the easement, as it appears necessary to preserve your reasonable use of property. Nowhere in your problem is it mentioned anywhere that the gate is causing hindrance or obstruction to your neighbours.

You can approach the civil court and file a declaratory decree to ascertain your rights regarding construction of your gate and whether it restricts your neighbours' easementary right of free access to their homes. If the problem however persists, please approach the civil court for an injunction order.