A terrace or rooftop is a not unusualplace place of in a residential society that’s for the amusement and gain of all its members. Although it’s been visible that many builders motel to promoting or giving one-of-a-kind terrace rights on payment, the exercise is illegal.
It has been visible that many homes have terraces on sure floors, under the primary terrace at the pinnacle ground. Developers regularly hoodwink the citizens and promote those terraces to the adjoining flat proprietors thereby making massive profits. However, this too is towards the law. A terrace that isn’t always available from the not unusualplace regions and is hooked up completely to a flat can best be offered to a flat proprietor however all different terraces are for the not unusualplace usage.
It is for the equal motive a terrace isn’t always blanketed withinside the Floor Space Index (FSI) of an apartment. Reason: it can not be offered or offered.
The landmark judgment brought withinside the case of Sri Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Society is a case in point. In this case, there has been a pocket terrace at the 5th and 7th ground of the constructing other than the primary terrace at the 8th ground. The flat proprietor at the 7th ground had doorways from his flat beginning withinside the terrace except he had additionally bought the terrace from the developer. He contended that the access of different citizens to the terrace could disrupt his privateness and additionally pose a protection threat. However, the courtroom docket held that because the pocket terrace become now no longer completely connected to his flat and had a not unusualplace entrance, therefore, its use can not be confined to the drawback of the alternative citizens.
Many country enactments additionally mainly offer for the usage of terraces. For example, Maharashtra Ownership of Flats Act, 1963 “MOFA” in phase 10(1) and Section 4(1A) (a) (iii), (viii), (x) makes the aim explicitly clear. It states that a developer has no authority or proper to promote the terrace to any man or woman that’s the not unusualplace easement of all of the citizens.
The citizens can whinge towards the developer through coming near the Consumer Forum and might whinge towards the society office-bearers with the Registrar of Societies. Additionally, citizens might also record a civil match in a courtroom docket of law.
But for comfort you may record a criticism below phase 441 of the Indian Penal Code, 1860, which says, “”Whoever enters into or upon assets withinside the ownership of any other with cause to dedicate an offence or to intimidate, insult or annoy any man or woman in ownership of such assets, or having lawfully entered into or upon such assets, unlawfully stays there with cause thereby to intimidate, insult or annoy this type of man or woman, or with cause to dedicate an offence, is stated to dedicate Criminal Trespass.””
If this sort of harassment is confronted through you out of your neighbors, you may record an software below Section 441 of Indian Penal Code withinside the courtroom docket of magistrate. And the punishment of crook trespass has been described in Section 447 of Indian Penal Code wherein 3 months imprisonment is referred to or nice of 500 rupees or with both.”
Reference: – – AHG35 – 202100581 – 18 – 13 – 202100232021004215120