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land owner is calming parking area, terrace area and water

(Querist) 17 August 2010 This query is : Resolved 
We are situated residential/commercial complex which was build up by the builder and land owner in Maharashtra with share of 50-50, and builder and land owner sold the flats to different people, now land owner is calming parking area, terrace area and water tank, water tanks located at the terrace complete supply provided to building. At present matter with police station but police is saying that this matter falls under Civil matter, they helpless. Almost from last six months we are fighting with land owner and now we are not sure what action should take,
· Already we discussed the matter with advocate but we got suggestion from few flat owners we should not go to the court chance it will take a un-necessary delay and interim relief to Land owner
· As builder made a mistake allotting to terrace to the land owner.
· Also land owner cover up and build-up shop in a parking area
· Also he received the Municipal co-operation revised permission on his own name without builder (previous permission was on the name of builder + land owner) for those shops and flats on the terrace.
· We approached to the Municipal co-operation registered our concerns one year back... Still Municipal co-operation not taking any action.
· Few of flat owner are opposing the making a housing society (due over burden of charges).


Please let me know in case someone provides good suggestion to proceed further...
s.subramanian (Expert) 17 August 2010
you cannot resolve the problem without approaching the civil court. Even though it is a time consuming process,you have no other option. Better start early.
John Morris (Querist) 17 August 2010
Thanks Subramanian sir for Reply,

Currently land owner stopped the water supply to all the flats where not belongs to him, Can we get interim relief from the court as this comes under the daily needs.
adv. rajeev ( rajoo ) (Expert) 18 August 2010
File a suit for permanent injunction against the owner
John Morris (Querist) 19 August 2010
Thanks for suggestion
R.Ranganathan (Expert) 19 August 2010
immediately approach the court for redressal of your grievances as suggested by the experts. It seems no one in the building is interested to spend money for their own needs and comforts. One has to take steps to protect himself when faced with such things instead of simply asking alternative solutions like getting free opinions. So ask the occupants to spend money for filing case against the owner before it is too late.
Devajyoti Barman (Expert) 19 August 2010
I endorse the views above.


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