Encroaching common areas

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

A worker cleans the floor in the hallway of a residential housing block, developed by Omkar Realtors & Developers Pvt., in the Parel area of Mumbai, India, on Friday, Aug. 8, 2014. Omkar is playing an important role in Mumbai’s plan to do something about its enormous and embarrassing problem: at least 6.5 million slum dwellers, still living without running water, private toilets or the basics of sanitation. Omkar's Cresent Bay development consists of six luxury towers with million-dollar apartments overlooking the Arabian Sea, coupled with housing blocks nearby with free homes for all the slum dwellers with rights to the land. Photographer: Dhiraj Singh/Bloomberg

For the last 27 years we have been living on the first floor of TNHB apartment quarters at IV Avenue, Indira Nagar, Adyar. The owner of the ground floor flat has occupied a vacant space near the staircase, making it tough for people living on the first and second floors to walk. He has put up a wooden room which is approximately five feet from the wall near the staircase. How do we get this removed?

Shekralaxman

Chennai

Common areas in any complex have to be used in common by all the residents. None of the individual owners can claim exclusive right or occupy any portion for their personal use. The association, after issuing a notice to the unauthorized occupant, can take necessary steps to remove the encroachment.

If the same is an obstruction to the electrical installations, a complaint can also be given to the local office of TNEB.