Abhisek Roy 28 March 2018

Can installation of collapsible gate infront of a flat be treated as encroachment ?

I am living in an apartment complex in kolkata, west bengal managed by registered welfare association elected by members of the complex. I am directed not to install collapsible gate at the main entrance of my flat which i perceive as good for the safety and security of my family. Association treating this as an encroachment to common area. Individual safety being a supreme consideration and considering the collapsible gate not restricting anybody else's access to the common area - 1. Can this be treated as encroachment ? 2. What should be my course of action if the association try to stop me to install the collapsible gate ? Please advise. Rgds, Abhisek Roy

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Sir

Assuming you live in an apartment governed by West Bengal Apartment Ownership Act (1972)t, you have exclusive ownership & possession of your apartment u/Sec. 4 of that Act. Please understand that u/Sec.7 of the Act, you cannot initiate any work unless you obtain the consent of all the other members first.

At best, you can approach the Secretary, Board of Managers/Secretary for advise.Afford a detailed explanation as to why you want to install a collapsible gate. Most likely, a meeting would be convened to discuss your issue.

Alternatively, you could try approaching other co-owners & find out if any of them share the same problem as yours. Chances are if you all share a same common concern, you could then, as a collective group, approach the BoM/Sec'y for redressal of your problem, which will otherwise not be resolved should you try to approach him in your individual capacity.

If you are still facing problems regarding your case, you may write to me at: basu_kunal@hotmail.com. I will be more than happy to advise you!

Regards

Advocate Kaybee