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Gora Chand Datta   07 June 2016

Violation of right of way/walkway

Dear Sir/Madam, 
 
I am very pleased to become a member of your esteemed Forum - LawyersClubIndia. I would 
like to get your advice on a prevailing situation in our small apartment which is bothering me a lot.
I give you a brief as follows:
 
I live in a small apartment having 12 flats. Out of these four flat owners are carrying business - one
dealing in Paying guests and home delivery, one dealing only in paying guests, third one occupying
more than half of common space for letting out as garage and the fourth one dealing in used car
business fully occupying common space. I objected to them vehemently and that is why none of them
likes me or my words. At times I failed miserably to keep on protesting and now I kept silent. At several meetings it was proposed to charge some amount from them but they do not want to listen and insist to continue their business. Since last four and half years no statement of accounts has been submitted to the members nor has any receipt of monthly contribution been given to flat owners. Some of them do not pay their monthly contribution for months. Resultantly, when I found I failed in my effort, I too stopped my monthly contribution (Common Maintenance Charge) for about 2 years. None of them follows what is mandated in the Constitution of the Apartment Association. 
 
The apartment has two gates. I have been using the gate since I came to this apartment 7/8 years
ago.  Of late, because of my long protest, one resident dealing in used car business occupying common space, picked up a dispute and attempted to assault me and even asking the guard to lock the gate for my exit/entry and my two wheeler through the gate I usually use. I was stopped to use as walkway through the said gate though using the other one. Under these circumstances I would be 
very grateful if I get your kind advice of action on the following queries:-
 
1) I am contemplating to report this to Local Police station through a General Diary. Could I do
this citing violation of my Right of Way/Walkway?
 
2) Can the police, if you believe, ensure my free movement through the gate I use?
 
3) If not, what should I do as police are always tricky? 
 
4) Believing the police will help me for my free movement, can he or those using common space
for their business and not paying raise my non-contribution of monthly payment which may lead 
to my being debarred from free movement through the gate which later the police may endorse 
in their favour? 
 
5) At last can he as a mere  resident of the apartment like me debar me from using the gage for 
my free movement/walkway as others are using the same for their cars only?
 
 
Thanks & regards, 
 
Gora Chand Datta
+91 9433023770
Kolkata.


Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     07 June 2016

Have u formed society of 12 flat?

U can make complaint to ur commissioner for illegal occuping common space.

Gora Chand Datta   08 June 2016

Thank you Adv Bharat. My walkway has been stopped through the gate I used. However, I am just tolerating and adjusting just for peace. If my two wheeler is stopped to pass through the gate, I am planning to lodge a police complaint. Pl advise if any.


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