encroachment of common area
Querist :
Anonymous
(Querist) 03 June 2010
This query is : Resolved
One of the owners of the apartments I live who have a duplex aparment have encroached into the common area on the terrace claiming it to be to their balcony. Their sale deed does not show it as their balcony but as an open area.
I approached the AP high court and it has given a stay order not to construct. in spite of the order they constructed and a contempt case was filled.
They are trying to twist the facts and are saying that the construction was made before the courts stay order.
Recently, their appeal to regularize the disputed area under U/s 455-A of GHMC sct with the Greater Hyderabad Municipal commissioner has been rejected.
What should be the course of action that I should take to get the illegal , unauthorised and encroached area to be demolished.
They have good political connections and the GHMC is going slow on the issue.
A V Vishal
(Expert) 03 June 2010
File a RTI application with GHMC regarding the status of the file regarding the action taken in the property mentioned by you. After getting a reply further course of action can be suggested.
Querist :
Anonymous
(Querist) 05 June 2010
An RTI has been already submitted and the reply was that the said enclosure would not be regularized.
Querist :
Anonymous
(Querist) 06 June 2010
Mr.
vishal thankyou for answering as I said the RTI to the GHMC has been filed on 17th March 2010. On 19th they replied stating that the file concerned has been sent to the Head office for regularizastion U/s- 455-A.
On 1st june 2010 they gave me an reply stating that the regularizastion applied by the party who have encroached has been rejected.
On 31st may the contempt case filed by us came up for hearing the GHMC advocate said that they party has been served a notice and the parties advocate said that they recived the notice and asked for a week time to put a counter.
The party has filled a WP in the high court asking the GHMC not to take any action as they have filed for regularizastion, and it has yet to be admitted in the court, they also contend that the work contemplated by them has been completed before the court order.(not true).
Even after the GHMC has issued them not to close the balconies on 9th february 2010 they did not heed to the notice and on 15th of February the GHMC demolition squad came and stopped the work, but they again resumed the work on 18th February 2010; thus ignoring the GHMC notice served to them under sec 428 and 433 of GHMC act.
Guest
(Expert) 12 July 2010
With the latest developments, file a fresh petition for mandatory permanent injunction and also a mandamus to GHMC to demolish the unauthorized constructions.
Querist :
Anonymous
(Querist) 04 August 2010
sir,
the present facts of the case are that on 5th july the hon'ble high court called upon the zoanl commissioner, the assistant town planning commissioner and the party who has been doing the illegal construction on the contempt case filed by us against them.
the ghmc told that they have already served them a notice u/s 636 but they went to the civil court and took an interim injection which they have sucessfully got it vacated and they will start demolishing immedieatley.
but that was not done, when i asked the reasons for not demolishing it under rti, they replied that the party has taken a status quo from the additional cheif judge,city civil courts. they informend that they have put in a counter but the judge issued a status quo.
in the high court the contempt case which was pending on 23rd july 2010 has not yet reached.
