Civil Procedure Code (CPC)

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Rajat A   16 March 2021

Procedure for removal of private items from common area

Personal items stored in apartment common areas:

1. Common passage way outside apartment entrance - shoe racks, plants, decorative art
2. Assigned parking slot - tires, wood, metal, boxes

Apartment is registered under KAOA 1972
Board circular asking owners to remove items already sent with deadline

Q1. What is the procedure to be followed to remove items from the above common areas without the consent of the owner?
Q2. Will the board be liable to complaints of theft/damage to private property by owners if items removed without consent of the owner?

Any pointers will be helpful. Thanks and Regards

 7 Replies

Pradipta Nath (Advocate)     16 March 2021

You don't need any consent form the owners. Once the dead line is over, approach the Court to ensure peaceful removal of the property.

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Rajat A   16 March 2021

Thanks Pradipta for your response.

by approaching court... does it mean filing a complaint in the civil court? can the removal be done only after the court has given a go ahead?

MPS RAMANI (Scientist/Engineer)     16 March 2021

The only course available in such cases is to use extra-legal means. That was what I did 20 years back. It is just like getting trespassers to vacate premises.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 March 2021

The residential flat societies have to take steps to remove such material with the help of its security personnel.

Rajat A   16 March 2021

We are concerned that the resident may lodge a complaint with the local police station for the removal as theft/destruction of property. Is this possible and is there a way to ensure that we are in the clear?

MPS RAMANI (Scientist/Engineer)     16 March 2021

Yes the owner of the item can complain to the police. Leave no evidence as to who stole it.

MPS RAMANI (Scientist/Engineer)     22 March 2021

The Resident's Association can adopt the following.

1. Remove the items and keep them in a separate separate place. 2. Send a notice to the owner stating that he was encroaching on the common areas and the items have been hence removed and kept elsewhere. He can collect them back within X days and until then he has to pay a demurrage of  Rs.Y/- per day until he collects them. If he fails to collect the items, they will be disposed of and the proceeds will first be adjusted towards demurrage and the balance, if any, will be returned to him. If the proceeds are not sufficient to meet the demurrage, the additional amount should be paid by him.

At first the General Meeting of the Association should pass a resolution authorising the Managing Committee to take action as above.


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