• Fixed wooden work and pop work in common ares

My neigbour has done fixed wooden work in passage area at passage window gallery and placed wooden rack near to it. And he has put sliding window grill in passage window. Also pop work at end of fire line. Also they have put carpet near our door leaving 2tiles.what action can i take. It has created disturbance and headache for us. Please tell what to do
Asked 11 days ago in Property Law
Religion: Hindu

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9 Answers

Complain to association against your neighbour for placing wooden rack in passage .you can also issue legal notice to neighbour for removal of wooden rack 

 

2) if no action is taken take out legal  proceedings against neighbour for removal of wooden rack 

Ajay Sethi
Advocate, Mumbai
97783 Answers
7922 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97783 Answers
7922 Consultations


  1. Society Complaint: File a written complaint with the Managing Committee. Common areas cannot be encroached as per society bye-laws.

  2. BMC Complaint: Report unauthorized construction to BMC Ward Office under Municipal Act.

  3. Fire Safety Violation: Blocking fire lines is illegal—complain to the Fire Department.

  4. Legal Action: If unresolved, send a legal notice or approach a civil court under property laws.


Immediate Steps:

  • Talk to your neighbor.
  • Raise in Society AGM/SGM.
  • File RTI for approvals (if any).


For faster resolution, society and BMC action are the best steps.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
667 Answers
3 Consultations

Since your neighbour has encroached upon the common passage area, altered the fire safety line, and caused obstruction, you can take the following legal and administrative steps:


1. File a Complaint with the Housing Society (If Applicable)

  • If you reside in a housing society/apartment complex, lodge a written complaint with the Managing Committeeor Resident Welfare Association (RWA).
  • Highlight the unauthorised construction and obstruction in the passage, which affects fire safety and common usage.
  • Request the society to take immediate action by issuing a notice for removal of the encroachments.


2. Complaint to Municipal Authorities

  • If the society does not act, file a complaint with the local Municipal Corporation or Town Planning Department(e.g., BMC in Mumbai, BBMP in Bangalore).
  • Mention the unauthorised wooden structures, sliding grill, and POP work in a common area that violates building safety norms.
  • Municipal officers can inspect the premises and issue a notice under relevant Building Bylaws.


3. Fire Safety Complaint

  • Since modifications are made near the fire safety line, you can file a complaint with the Fire Department citing fire hazard risks.
  • Fire authorities can direct removal of the POP work and ensure passage clearance for emergency exits.


4. Legal Action – Injunction Suit

  • If your neighbour refuses to comply, you may file a civil suit for permanent injunction in a local court, seeking removal of the encroachments.
  • This prevents further modifications and compels restoration of the common area.


5. Police Complaint (If Necessary)

  • If the obstruction causes harassment, nuisance, or potential harm, file a complaint at the local police stationunder Section 268 (Public Nuisance) of IPC.
  • If they have damaged common property, Section 425 IPC (Mischief) can also apply.


Next Steps:






✔ First, send a written complaint to the society/RWA.
✔ If no action is taken, escalate to the Municipal Corporation and Fire Department.
✔ If issues persist, consult a lawyer for legal notice or an injunction suit.

Would you like assistance in drafting the complaint?

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
324 Answers

- As per rule ,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 

- Hence, the said wooden work which affected the common area cannot be allowed , specially without the approval of the society 

- You can lodge a complaint against him before the management of the society , and if no positive response then file a complaint before the police 

Mohammed Shahzad
Advocate, Delhi
14881 Answers
225 Consultations

If the neighbour has encroached and causing disturbance by occupying the common area , you can make a complaint to the secretary of the association and request him to instruct the occupant to remove the obstruction.

If he is not listening then you can proceed with the action as per procedures of law either through association or the individually

 

T Kalaiselvan
Advocate, Vellore
87984 Answers
2369 Consultations

You can talk to your association secretary or president and initiate action as suggested if it is not possible then you can file a suit for mandatory injunction against him to remove the obstructions and permanent injunction to restrain him from repeating such acts.

T Kalaiselvan
Advocate, Vellore
87984 Answers
2369 Consultations

You can file complaint to the society and corporation against the same and they will take action against him 

Prashant Nayak
Advocate, Mumbai
33073 Answers
215 Consultations

Dear Client,

 

Your neighbor's fixed wooden work, sliding window grill, POP work, and carpet placement in the common passage area may be a violation of society rules, municipal regulations, and fire safety norms. Here's what you can do:

 

Steps to Take:

Check Society Bye-Laws: Most housing societies have rules prohibiting encroachments or modifications in common areas. Check your society's bye-laws and registered agreement to confirm.

File a Complaint with the Society Management: File a written complaint to the Resident Welfare Association (RWA) or Housing Society Managing Committee stating the obstruction, fire safety hazards, and inconvenience caused.

Fire Safety Violation Report: If POP work is obstructing the fire exit or fire line, report the violation to the local fire department (Maharashtra Fire Services) for necessary action.

BMC Complaint: Unauthorized changes in common areas may beviolating the BMC rules. Onlinecomplaint or at the local ward office under unauthorized encroachment in common spaces.

Legal Notice: If the society does nottake any action, issue a legal notice through a lawyer, demanding removal of the unauthorized wooden work, grill, and POP work.

Approach Cooperative Court: If the society remains unresponsive, you can file a complaint before the Maharashtra Cooperative Court for encroachment and disturbance in common areas.

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

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