A separation wall within the gated housing society
A separation wall within the gated housing society, its legal ?Sir I am living in a society having Row houses and High rise apartments. The society is having outer boundary wall with entry and exit gates. In one of the area where one side of the road having Row houses and other side having apartments, Apartment residents are trying to built the wall at their side of the road and not allowing us to enter into their area & gardens as well. We are opposing our best, not to construct but they are threatening us for consequences. Members please share your legal views, how to stop the construction of wall at other side of the road which will divide the society . more
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Apartment owners can not build the wall which is illegal. You have only remedy in civil court and get stay/injunction .I can help you. Prithvi Raj sikkaAdvocate Managing partner Law Juris lawjuris09@gmail.com 9811054562 more
Apr 18
Thank you all members for their views and now i am confirm that the apartment owner cannot built a wall which was not in original plan. Also they do not restrict our movement to parks & gardens which were made for whole society. Now any Bylaws cannot deprive us for our rights, if they do, they have to face civil & criminal proceeding as per law. more
Apr 18
verify drawing,report encroachment dept.with images daily progress till demolition ,notice from authority,fire safety and ventilation dept.police dept, if builder is doing as per agreement, copy to chairman society to stop illegal work at once.. more
Apr 18
You are having all remedies like Consumer forum, Criminal, Civil and co-op. even the Writ to HC as well subject to having OC in the name of Society. If you are in and around Mumbai pl. contact more
Apr 18
Ajeet Kumar SinghJi, Please check with the builder and obtain the sanctioned plan or apply direct to the concerned Development Authority for it. If there is only a single boundary wall around the entire community no other boundary walls may be constructed. Whatever is forming part of the common facilities to the entire community cannot be cordoned off for the use of only a few. Especially amenities like parks and gardens or children's play area. Only some facilities like tennis, swimming pool etc. for which separate payment is extracted from the resident-clients are for the use of those paying for them and not for common use. You may also enquire the meaning of "gated community", which according to me refers to all who are encompassed by the original boundary wall built as per the sanctioned plan and there cannot be a super-gated community which enjoys special privileges. If possible please get a copy of the registered agreement with the builder executed by these Apartment residents to verify their claim. L.Kalavathi Retd. Bank Official Chennai, Tamilnadu, India 18/04/2017 more
Apr 18
