Open area covered by first floor occupants

Sonu (Querist) 09 March 2012 This query is : Resolved
We own Ground Floor and Second floor of the house we stay in. First floor was sold by my aunt to a third party. They are entitled to the first floor only. They have covered our verandah by building a heavy iron jaal on it (which they use as their floor). They have covered this area with fiber sheet on the top to serve as the ceiling. This was an open verandah as per approved layout plan. What action can we take against them?

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ajay sethi (Expert) 09 March 2012
if open verandah has been covered illegally lodge a complaint with muncipal corporation .

R.K Nanda (Expert) 09 March 2012
File a Mandatory Injunction case in court

for demolition of said illegal constructions

by the first floor persons.

Sonu (Querist) 09 March 2012
Thank you for quick response. I need a clarification: Will structure made up of iron and fiber sheet on the open verandah be considered illegal? How long does it normally take to get redressal in court in such cases?

ajay sethi (Expert) 09 March 2012
first complaint to muncipal corporation . if no action taken then move court . the first query court will ask is whether any complaints made to authroities or not .

yes it would be illegal unless permission taken from muncipal corporation

bhagwat patil (Expert) 09 March 2012
It is usual practice the people close the verandas file a complaint to municipal officers of concerned ward,if he ignores issue him notice by appointing local advocate for damage to the structure and accident he will be personally liable for negligence in discharging his duties.

Guest (Expert) 09 March 2012
Can you please clarify the following point:

If there is a verandah, how that remains an open area without any roof and how a verndah at the first floor can can cover your portions at GF or 2nd floor?

Do you intend to say that they have constructed/ projected a chhajja before their verandah?

Nadeem Qureshi (Expert) 09 March 2012
I agree with Mr. sethi

Sankaranarayanan (Expert) 09 March 2012
Yes well advise given by mr sethi. You follow according to the same

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