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Conflict over common area in an apartment
We purchased an apartment in Hyderabad and the documents were registered with respect to apartment area and car parking area too. Apartment was allotted by the builder long ago, but our car parking area was allotted behind another one. Hence, whenever we have to take our car outside or park it, we have to first remove the car that is parked before our car. This has become nuisance and a subject of acrimonious debates. I request you to inform me about the car parking place/area allotment rules.
Mohammad Abdul Haleem Khadar Bagh, Hyderabad
Our panellist R.L. Narayanan replies: The car park should be part of the plan approved. The position in law is that each owner should use the car park and also other common areas and facilities in accordance with the purpose of which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. The facts provided by you are peculiar as the very purpose of having a car park is that you must be in a position to use this independent of others’ rights. However, it could have been the original intention that both car parks should be allotted to the same owner, in which case, the problems which you face now may not have arisen. Please therefore check with a local advocate.
Take a reasonable stand
I purchased a flat in Ambattur in Chennai, which is approved by the local municipality. The builder has built three houses in this area. On a 60 x 40 feet of land he has left approximately 5 feet in the back and sides and 8 feet in front of the house. My house on the ground floor is approximately 1,581 sq.ft., the only portion in the ground floor with opening for the front door on the south side of the house. The other two flats are built above this ground floor with both the openings on the northern side. The sewage is right in front of the house on the ground floor house.
Water comes out regularly and the first floor people are not at attending to the same. The ground floor people are left to attend to this as it emanates a foul smell. We have utilised 2 feet of vacant land in front of our house for gardening from the beginning of the house construction and have also told the builder about this. There was no problem till now, but now the 1st floor owners say that they also have the right to the garden as this is common area. What is the solution to this?
Ravindran Ambattur, Chennai.
Our panellist R.L. Narayanan replies: Common area will normally include any area of the property necessary or convenient to its existence, maintenance and safety or normally in common use. If in the documents provided to you by the builder, any area is earmarked for your specific use, then you will be entitled to the same. It looks like this is more of a practical issue which needs to be sorted out with the other flat owners.
In a community living, it is desirable that all the occupants take a reasonable stand with regard to various matters such as this, considering the difficulties faced by others. A strict legal pursuit, at times, will only establish rights, but may not really be in the interest of any of the parties.
Guidance sought
I have a residential property along with others in a survey number at a suburb near Secunderabad since 1974. In 1998 some unethical elements filed a petition in the Special Court Under Andhra Pradesh Land Grabbing (Prohibition) Act, Hyderabad, against all the land/residential property owners in particular survey numbers questioning the legality of the purchases and the ownership, thus branding the properties as grabbed and prayed for restoration.
In January 2006, after thorough scrutiny of all the relevant documents the Special Court dismissed and disposed of the case in favour of the respondents. But, in July 2007 the claimants filed a writ petition in the High Court Of judicature, Andhra Pradesh, Hyderabad, questioning the orders passed by the Special Court Under Andhra Pradesh Land Grabbing Act, holding the court as First Respondent.
Please clarify the following: Is it enough if the advocate engaged by us files a counter in the High Court to initiate the court proceedings to progress in the absence of a counter from the first respondent, the special court? Is there a time limit to file the counter by respondents or will the High Court wait indefinitely?
M. Srinath, Vadapalani,Chennai
Our panellist replies: It is sufficient in the normal course that a counter is filed on behalf of the contesting respondents. It is not clear as to how the Special Court has been shown as the Respondent, as the Special Court does not have any interest in the subject matter.
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