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In our building there are 2 shops on ground floor. The shops are using the space outside their shops where there are steps. shop owner says shop + otla is not common area of society. The space is used for seating and advertisement. The steps lead to the road. Residence access to building is from another area. Society feels it is encroachment and should charge 5 times maintenance as per byelaw 169(a). We as society would like to charge the shop owner for encroachment and restrict usage of the area. Is this possible legally? what would be steps and process to ensure shops cannot use that area?

After giving a notice to the shop owners to vacate the encroachment on society land, the society can proceed under Bye-laws 165(a) and 169(a). The society can levy the following charges: 1. A fine of Rs. 5,000 per year for violation of society bye-laws, under Bye-law 169(a), for encroaching on society land. 2. An additional penalty of five times the monthly maintenance amount from the date of encroachment, also under Bye-law 169(a). For example, if the shop encroached on society land in May 2016 and the society issues a notice in May 2025, it can impose: 1. A fine of Rs. 5,000 19 years = Rs. 95,000, and 2. Five times the monthly maintenance amount, calculated from May 2016 onward. In the notice to the shop, the society should state that if the fine is not paid within 30 days, interest at 21% simple interest per annum will be levied on the outstanding amount from May 2016 until the fine is fully paid. The fine will continue to accrue until the encroachment on society's open land is removed. If the shop fails to remove the encroachment and does not pay the fine, the society can take the matter to the Co-operative Court under Bye-law No. 174(B)(x), by hiring the services of an experienced advocate.

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