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

I own a flat in an apartment complex at Anantapur, AP. A few flat owners have constructed grills in common areas to make room.

Is this permissible? If not, whom should I have to approach to get them removed? Is there any legal remedy?

Sree Krishna

Andhra Pradesh

Any common area, as the name itself indicates, is common for all the flat owners in the complex. It will not be open to any individual to create any exclusive space in the common areas.

If you have an association of flat owners, the bye-laws should prohibit such instances and the association may take action against such flat owners in accordance with the bye-laws. In the absence of an association, you have to approach the civil court for necessary relief.

I purchased a plot in 1987 in Rukmaninagar (Koyambedu Panchayat), which is now under Valasarawalkam jurisdiction. The plan’s approval construction and patta were obtained in 1993 and a fee (including OSR) was paid. In 1995, we got an approval for extension and slight modification (when the construction was in progress). The first floor was constructed in 2002/3 after receiving an approval.

It was presumed that an approval of house construction carries an implied approval of the land. Should we apply for a plot approval now?

K.Ramalingam

Chennai

The approval granted for the building does not mean that the plot is automatically approved.

All the charges paid by you would relate to the building approval only. You have to get the plot regularised by complying with the procedure laid down by the competent authority.