FEROZ ABUBACKER Vs. V.R. RAJU AND ORS.

JUDGEMENT

(1.) An owner of a residential flat in an apartment filed W.P. (C) No. 32166 of 2014 complaining that the builder, the second respondent, raised illegal structures on the eleventh floor, the supposed common area, thereby blocking all ventilation and toilet ducts. As the eleventh floor has a residential house, instead of being a common area, its owner got himself impleaded at a later point in time as the additional third respondent.

(2.) On a serious contest of the matter, this Court has found from the sanctioned plan supplied by the Municipal Corporation that the eleventh floor had ducts projected, but they were blocked. Under those circumstances, disposing of the writ petition through Annexure A1 judgment, this Court has directed the second respondent builder and also the first respondent Corporation to take steps to open the ducts by ensuring that it does not cause any inconvenience either to the inmates of the eleventh floor or the occupants in all other floors, given the complaints of hygiene problem by certain persons because of the likely closure of the ducts.

(3.) Thus, in essence, this Court in Annexure A1 judgment directed the second respondent to open in forty five days the ducts in consultation with the additional third respondent or any of his authorized agents, as well as the first respondent corporation.