Construction in common passage

Querist : Anonymous (Querist) 28 July 2020 This query is : Resolved
I have a small flat in Kolkata. It shares a common passage with another flat owner. They have two face to face flats. So they have constructed a wooden door in between them for their easy movement. As a result, a portion of the common passage is under their controlAlso one of their flats have two doors for entrance. Do you think that one flat can have two entry doors legally? We don't have so much money to deal with any case, overall They have party power. What can I do? Please help.

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SHIRISH PAWAR, 7738990900 (Expert) 28 July 2020
Hello,

Having two entry doors is not illegal. However the construction of flat and the area of the flat has to be as per sanction plan. If they are doing any illegal work then they will be liable for legal action.

Shilesh Patel (Expert) 28 July 2020
Agree with the above expert, and if your easement right is blocked then you can file an easement suit.

Rajendra K Goyal (Expert) 28 July 2020
Take up the matter with the society to get the unauthorized construction / coverage of passage removed.

Dr J C Vashista (Expert) 29 July 2020
Common passage can not be constructed, it is illegal encroachment. Discuss with MC if it is a Cooperative Society/ RWA office bearers, if your right to passage is blocked.

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Querist : Anonymous (Querist) 29 July 2020
Thank you Sir for your valuable suggestions.. My movement through the door is not blocked but a portion of the corridor passage which is shared by both of us is blocked. The people of the flat doesn't want to get involved in the issue as they have political party backup.

P. Venu (Expert) 29 July 2020
What, exactly, has been inconvenience caused to you as the unhindered occupation and enjoyment of the rights and interest as the owner of your flat?

Rajendra K Goyal (Expert) 29 July 2020
From the query it seems that it is a temporary structure and is not obstructing movement of any inhabitant specially the author. Let the society itself act.

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