Rent for use of duct space in housing society

Querist : Anonymous (Querist) 21 March 2019 This query is : Resolved
A society had given permission for use of duct space as a passage to move between two adjoining flats separated by the duct space without any financial precondition.
After 5years of the above permission, the society is now insisting on taking rent for the use of the duct space.

Can the society charge such rent once permission is given without ant financial precondition after many years?

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kavksatyanarayana (Expert) 21 March 2019
Did the society permit to use duct space in written? Did the society change the rules and regulations of the Bylaws? Society may change rules and regulations if majority is there. so check the bylaws.

Dr J C Vashista (Expert) 22 March 2019
The duct is forming part of "common area" which can not be rented out, if any one does it is illegal and invalid, do not agree and challenge it before appropriate Authority/ Court through a local prudent lawyer.

Hemant Agarwal (Expert) 22 March 2019
1. AS RIGHTLY briefed above by Dr. J.C.Vashista: ALL ducts are classified as "common open spaces" and CANNOT be encroached or used in any manner, whatsoever.

2. It would be a prosecutable criminal offence under the Fire Act, the BMC Act & the MRTP Act. Make a proper complaint to the all above authorities for Notice & prosecution.

Keep Smiling .... Hemant Agarwal
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