I am residing in a flat at Chennai purchased from a private promotor companyin the year 2002. As per the original master plan based on which I had booked my flat, there was nocommercial allocation and all the flats (under construction) were for residential purpose only. Later on, during the course of construction, I observed that about 4 flats were converted and altered for commercial occupation. I am not aware whether plan approval or regularisation approval has been obtained for such alteration. .As per the above alteration, allocation has been made for two commercial occupancies in the apartment.At present, there are 22 residential flats and 2 commercial flats in the apartment..
Presently, one commercial occupation just in front of the apartment is let out for Super Market activity and the other one just inside the apartment is let out for Beauty Parlour for Ladies. The common area surrounding the apartment is meant for car parking/two wheeler parking. A portion of common area is coming in front of the the aforesaid super market location . Of late, this portion of common area has been encroached by the above Super Market shop owner.. Stalls for vegetables, fast food items, etc. are put up in the said portion of common area. These stalls are sub-let by the Super Market Shop owner.
One Well is provided by the flat promotor company towards water sources at my apartment. The Well is situated in the aforesaid encroached area. Rain harvesting as well is also located in the same encroached area. We are facing the following problems on account of the above encroachment:
(1) Periodical Repairs to Pipe lines to Well ; deepening of well, desilting work , foot valve repair etc could
not be undertaken freely and we are at the mercy of shop owner to do such jobs at the common area.
not be undertaken freely and we are at the mercy of shop owner to do such jobs at the common area.
(2) Periodical cleaning up of rain harvesting pipe line also as well could not be taken up.
(3) On account of vegetable stalls, chat stalls etc., rat menace is experienced at each and every flat
besides at the vehicle parking area.
besides at the vehicle parking area.
(3) Public are parking their vehicles just in front of our entrance gate while going to super marekt for
shopping thereby flat residents movement is blocked frequently. This has resulted in verbal
fight between the flat residents and visting public to super market.
shopping thereby flat residents movement is blocked frequently. This has resulted in verbal
fight between the flat residents and visting public to super market.
(4) The area is made nasty/ugly upon washsing hands after eating at the stall.
(5) The smoke emanated from the chat preparation, is spreading to the upstair/top floor flats who
feel suffocated on most of the days.
(6) Because of increase of rats in the apartment, children are afraid of coming out and
the electrical wire connecion to common lights/motor pumps are severed resulting in frequent
repairs on motor pumps and common lights.
repairs on motor pumps and common lights.
Our Flat residents' repeated representations to the owner of the above commercial flat for removing the stalls put up in the common area have become futile. Our flat owners' association is reluctant to takeaction for the reason that the owner of the said flat is a close relative of a political leader who is popular in a leading polical party in Tamilnadu.
Under the above circumstances , I would like to know the remedial measures and redresssal of the aforesaid grievances. What are the legal courses of action available for the above encroachment.
K.JAYARAMAN
