• Can a court decree construction of compound wall

A is the possessor of property . B is a welfare society. When A tried to construct compound wall B resisted. can A 1) file suit praying for permission to construct compound wall ? 
2) Can A file interim application for putting up a barbed wire fencing pending disposal of the suit ?
3) unlike injuncion order, A wants a clear order to construct compound wall... will the court pass such an order.
Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

- As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

-  Further, no structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected  or fence/partition  put  up  on  any common  area  that  may  obstruct,  or  impede  free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats 

1. No, A cannot go beyond the rules of the B

2. Not maintainable. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

A should obtain permission from municipal corporation to construct compound wall

 

A can file suit seek court orders to restrain society from creating obstacles in construction of compound wall 

Ajay Sethi
Advocate, Mumbai
97442 Answers
7874 Consultations

If you have permission from local authorities you can construct the compound wall 

 

if they obstruct carrying on construction work obtain court orders as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97442 Answers
7874 Consultations

A cannot construct a compound wall in the common area which do not belong to A.

The society can object this illegal construction because the society is the owner of the common areas.

Therefore A's attempt to get court order may also not maintainable.

Since A is not the owner of the proeprty over which he is trying to erect the compound wall, he cannot claim it as a right.

 

 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

If the space selected by A to construct the proposed compound wall do not belong to B, i.e., the society, then it need not pay heed to B's objection for this construction.

If the B is still troubling or harassing  then A can file a suit against B to restrain it from interfere in A's proposed construction to restrain it from obstructing the A to construct the proposed Wall. 

 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

- If, there is no connection between A and B , means if A is not members of the society B , then A is free to do any construction including boundary , even Bs area is effected by this boundary . 

- Hence, B cannot prevent A who being the owner of his property having all the right without any interfere. 

- Further, even B cannot get a restrained order from the court against A. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

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