V V Sundaram 22 April 2021

Temporary AC shed at terrace

Our is a flat system 2 flat each floor X 2 floors and 2 blocks A and B so 8 flats.

I live on 1 st floor of B Block . After 6 years of occupation I built a AC sheet shed to keep unwanted things on open terrace of my flat which is a common area . It was objected by others and I stopped it half way .

After 9 years of that now one of the flat owner is objecting and asking me to demolish it .

My questions are -

1) Is objection of 1 flat owner tenable when 6 others have no problem ?

2) Is construction of AC shed a illegal construction?

3) can this flat owner file a police complaint ( after 9 years) or is it only Chennai Municipal corporation's jurisdiction?

4) If yes can the police arrest me for this and is it bailble or non bail able?

Thank you

Sundaram

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6 Replies

Sankaranarayanan (Advocate) 22 April 2021

Instead of pointing your question better to remove the shed is advisable. or otherwise you should ready to face the complication

Pradipta Nath (Advocate) 22 April 2021

If it is a common space, it is immaterial whether one is objecting are others are silence. Silence does not symbolize approval as well! In case earlier it was objected, you should have removed the left over construction sooner or later and not to wait for 9 years till someone ask you to remove.

Aside, criminal case may come up if nuisance are taken to that level! Therefore please resolve the matter amicably and better to take approval for the same in an approachable manner as the space is common and not private!