Document vs patta
UMMkalantar
(Querist) 20 January 2014
This query is : Resolved
Dear Experts
As per Document, the area is 675 sqft (62.7 sqm) with the right to use the common passage. Common passage total length is 4 x 100 feet, abutting my side is 4 x 371/2 feet (150 sqft/13.94 sqm). My house is along main road. The common passage serves two other neighbors at the rear side. Patta given by my previous owner was rejected and In the new Patta, total area mentioned is 76.6 sqm (62.7 + 13.94) and the building line area is 62.7 sqm in the provided FMB sketch. What it signifies and what I have to do?
Thanks in advance
Raj Kumar Makkad
(Expert) 20 January 2014
It shall be better for you to avail the services of an architect rather of the lawyers as this issue relates to measurement.
UMMkalantar
(Querist) 20 January 2014
Thanks Expert
Our Architect has got permission from Municipal Corporation for Stilt+2 on 675 sqft land area, before issue of Patta. Now his opinion is common passage is also included in the Patta, our residential entry is from common passage, among neighbour's entry to their respective houses; we can provide gate within our boundary in the common passage. Is it permissible?
Thanks in advance.
Rajendra K Goyal
(Expert) 20 January 2014
The common area if any would remain as such, Contact a local lawyer and show him all the documents.
ajay sethi
(Expert) 20 January 2014
no you cannot do so . common passage is for benefit of all residents
UMMkalantar
(Querist) 20 January 2014
Dear Experts
What is the reason for including the common passage area apportionable to my house is included in my Patta as 825 sqft and FMB sketch is only for 675 sqft buildable area in the Patta? We have got permission to build 1.5 times 675 sqft. Is that common passage area is only for us? Metropolitan Land use plan is showing that piece 825 sqft as one block.
Regards
Thanks in advance.
Nadeem Qureshi
(Expert) 20 January 2014
contact a lawyer personally with site plan and other documents, you can easily bear consultation fee.
Rajendra K Goyal
(Expert) 20 January 2014
Gate can not be installed in common passage. Contact a lawyer and show him all the documents.
UMMkalantar
(Querist) 20 January 2014
Thanks Experts
Regards
UMMkalantar
(Querist) 04 April 2015
Dear Experts
The brief of past of the case (we are plaintiff):
Our OS is dated July 2013 (Emergency & Permanent); the defendant also filed OS in July 2014. Both are together heard by the same court. Our OS suit in the City Civil Court is for bare injunction restraining the defendants from interfering with the plaintiff in demolition and reconstruction of a three storey building. Inspite of the Police complaint, the Hon’ble High Court direction to Police to enquire based on our CSR and the municipal corporation letter to police to provide police protection to demolish the un-demolished single storey, we are unable to commence demolition work for which the police authority cites the reason of pending court case.
To protract and prolong the case, the defendants filed interim applications on the ground that our plaint suffers from insufficient cause of action and court fees etc under O7R11 of CPC. The learned judge rejected which was again contested by the defendants in the High Court as revision petition under article 227 of the constitution, which was also dismissed by the Hon’ble High Court; consequently connected miscellaneous petition are closed. No Cost. We are awaiting interim order.
Yet to be demolished one floor is in a dangerous condition of collapse which is danger to public and traffic, that is mentioned in our plaint. We could not go near our building. The defendants are unlawfully threatening us. Further, we are forfeiting our Municipal charges paid for planning and building permission due to target time expiry which is over one lakh rupee.
Experts what additional steps we have to take start our demolition works. The next summer holidays are going to come? What is the significance of interim order of our prayer?
The defendants threatening us with further writ petition to protract the case? Is it permissible?
Thanks in advance.
