Commercial space in residential building dispute
SSK_2019_DEV
(Querist) 30 September 2019
This query is : Resolved
Hi,
Our building is to go in redevelopment, there is a commercial shop on the ground floor of the building, this shop has covered the open area and using that space since long. Though there is no agreement with the society that this space has been bought. Now that we are going into redevelopment the commercial shop owner is asking for the whole space (including the encroached area) to be considered for the redevelopment.
Few of the members are supporting the shop owner reason not know why?
My questions are
1. Is this legal to ask for the whole area, he says he is paying property tax for the whole area that is the only proof he has in his defence (there is no mention in building plan or agreement even maintenance bills are for the area that he had bought)?
2. If he can ask for the whole area, then can't a terrace flat owner ask for the same for his terrace?
3. Is there way that we can act on him knowing few members are supporting him?
Thanks
Kishor Mehta
(Expert) 30 September 2019
The area as specified in the registered document only can be legally demanded. Property tax is levied only on constructed area. Open spaces are not subject to property tax levies.
Dr J C Vashista
(Expert) 02 October 2019
1. Payment of property tax to municipal authorities does not confer title of "open" space stated to have been occupied/ encroached by shopkeeper.
2. Terrace area and open area are two different issues, donot mix up. Open area is part of "common" area whereas terrace is meant and part of flat.
3. Report the matter to concerned development and municipal authority qua encroachment.
4. It is advisable to seek professional services of a local prudent lawyer with relevant drawings and other records of the property/disputed space for proper appreciation of facts/documents, guidance and proceedings.
