Sai 31 October 2023

Illegal construction in common corridor of apartment

I am residing in Jana Chaitanya Housing Ltd, Visakapatnam. Most of us are owners in the flat and there are total 34 flats in which 8 corner flat members constructed grills in the common corridor and even they decorated them like a room due to which I am unable to utilise the common area. Our building association also informed them to remove but they didn't. Then I approached GVMC and after multiple follow ups with GVMC they finally sent a notice to our apartment to remove the illegal constructed gates or else within 10 days GVMC will remove the grills and the charges of removal should be paid by our apartment.

After few days what Kind of setting happened don't know GVMC staff is not responding and while we are following up with them, one of a officer is asking us to drop as this is the internal issue and GVMC do not involve in this. Then why did they provided the official GVMC notice.

please suggest what could be done here. I need JUSTICE

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8 Replies

Real Soul.... (LEGAL) 31 October 2023

You should file suit for permanant injunction and restrain them from doing so.

SAM (LEGAL) 31 October 2023

File RTI Application and ask status of your application and what action did they take against your application.

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Sai 31 October 2023

Thank you so much for your quick responses. Can I file RTI application online? Is there any charges for that?

Also what does it mean by file a suit. I am an IT employee and am not much aware of this.

T. Kalaiselvan, Advocate (Advocate) 31 October 2023

You first get the information about the status of your application by submitting an application through RTI act which can be submitted through online also.

After that you can decide about pursuing the same through due process of law.

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SAM (LEGAL) 31 October 2023

Please file RTI Application offline (print on A4 size paper) and affix Rs.10/- court fee stamp on it and send by Speed post

By filing suit means to file case in court

H.JanakiManohar Rao (lawyer) 01 November 2023

The corporation need not poke in your internal affair.As per your byelaw you put forth your grivence before the association thro' written notice. You lodge a police complaint also.If they don't take legal action You issue a notice to association and encroachers as well and file a case in civil court.

Dr. J C Vashista (Advocate ) 02 November 2023

Collect relevant information from concerned department qua "common area" of the society and issue legal notice to the encroacher (flat owners) as well all authorities, (it may be waived) and file a suit for permanent and mandatory injunction or writ petition before High Court, through a local prudent lawyer.

MPS RAMANI 06 November 2023

Municipal corporations are full of corrupt people.and they will not act. The interest of the Municipal corporation is with regard to tax collection. If any person makes an addition or alteration or construct something the property tax will be increased and their revenue will increase. They are not connected with protecting your interest. Even if they reply you, they will say that the matter is not in their purview. Your Association should act. Or you have to file a suit in a court law. If your association files the suit (provided it is a registered association) it will carry more weight. Or you have to employ thugs.