Our (unregistered) flat owners association comprises 19 flat owners and has been in existence since the year 2000. It comes under the Iyyappanthangal Panchayat. While handing over the project to the Association in 2000, the builder did not include a triangular area of 728 sq.ft. - situated within our compound gate’s perimeter - and left it outside our east-facing main gate compound perimeter adjoining to the road. We realised this much later and on physically measuring it, we found that the area within the present compound perimeter is only 8,216 sq.ft., instead of the 8,944 sq.ft. as given in sales deed.
Even though no outsider has occupied our area, the Panchayat (it’s located across the road from our apartment) has encroached upon this 30 ft wide road. This violates CMDA layout norms as they have constructed a boundary wall which has reduced the 30ft wide road to a 17 ft wide road. In the process, they have encroached our south eastern boundary with their concrete road and there is also a transformer located in the same corner (which the TNEB initially installed for our apartment and later used it for giving connections to houses on the adjacent road). It appears like a common walkway with no boundary demarcations. We have already sent a petition to the collector and assistant director of the Kanchipuram Panchayat.
There are differing opinions and apprehensions among the 19 flat owners about retaining this 728 sq.ft. land. Some say it is better to leave it as is as they fear complications, while others opine that the gate compound perimeter has to be shifted to include this area. As per the hand sketched drawing, there is no boundary demarcation on the actual east-facing perimeter line joining the NE corner and SE corner.
Please advise us on our next step.
Raamkumar
Chennai
Several factors have to be looked into to answer your query. Since the flats have been occupied since 2000, it has to be seen whether the flat owners collectively can claim rights over 728 sq.ft., of land under ‘adverse possession’. After registering your association, you can apply for a patta for the land and check the extent for which the same is issued. If the encroachment has happened recently, the association can also file appropriate legal proceedings for removal of the same.
