19 January 2019
Our building is an Apartments not registered as a Cooperative Society and has been constructed in 2000. The aparment owners on the ground floor have encroached upon the common areas of the building. They have made construction over the top of the underground water tank and have also put tiles over it. They have blocked access to the water tank by blocking the area with a gate that is kept under lock and key by them. They are using the top of the underground water tank for their general dwelling and kept some material over it. They have constructed a utensil washing area very close to the opening of the tank. Recently the water from that washing area entered into the tank contaminating the water posing danger to the health of the residents of the Apartments. Please suggest what legal recourse can be had against the encroachment and how they can be compelled to remove the encroachment.
19 January 2019
Thanks for the replies. Complaining to the municipal corporation is the ultimate step. First, I believe it would be right to send a notice to them. Can you let me know the relevant law so that in the notice necessary sections can be quoted?
23 February 2020
As per law Every co-owner owns every square inch of the land held in common and hence every co-owner is entitled to walk upon and use every piece of the property.
However, there are certain limitations to be followed in terms of using the common areas.
No co-owner can enjoy the common property in a way which causes detriment to another co-owner or a co-owner cannot put up a permanent structure on a common property or put the common property for any exclusive use. Therefore, co-owners right to enjoy the common areas is limited to the right of the enjoyment in commonality.
However, a co-owner has the right to seek partition and separate the possession of the common area. But, this right can be given up by signing an agreement in writing by all the co-owners. So it is my advice that first put the question of illegal encroachment in owner association if not solve then take legal step. this type of matter may be file in both civil and criminal case. contact local advocate