Common Property Encroachment

If someone in the society or colony has made an encroachment on common area, are there laws that protect the interests of other residents who also have a stake in it. What rights does a RWA have and what if the RWA is corrupt. What rights do rest of the residents have? more  

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NO one can change the Actual drawing of the society. Either Flat Or common Area . You may send the complaint to the concern Development Authority like NOIDA Development authority complaint cell. more  
What if RWA members themselves are involved in encroachment and have a nexus. How do you propose such a situation be handled. Criminal Case against the individual RWA?? more  
Dear Shri Shiv Avtar Ji, I totally agree with your views. In fact if we equate the need of RWA was to use it for class action type. I mean to say with an example is if there is an unauthorised criminal activity going in the locality, RWA should ideally take up the matter as it is rather difficult for individual to take up the matter because of criminalisation. In practice RWA does not initiate any action. Sometime they also start behaving as if they are the king of the locality. They will advise you to give them a complaint in writing. RWA is doing activities which as a common man every individual can do. As an example say there is no street light in your area, one can easily get it done through appropriate complaint system. I without any RWA have been complaining for many civic services like and is being appropriately addressed.
The office bearers of RWAs are using the platform for their own business gains. Earlier office bearers used to be retired people who were more to of social cause and now a days if a property agent of say 40 years is the Secretary of the RWA, you can very well expect what he is going to perform. I would reason out families disintegration (divorce, abuse to elderly citizens etc.) a major factor where we are cutting off from social forums like RWAs.
Please excuse me if I am wrong in putting up my views. more  
is the order available in the public domain? there is another order of SC in the case of SOCA vs DLF granted in favor of DLF in Dec 2013 in which it clearly states that DLF is the owner of all common areas and common services set up for the use of the condominium and the owners of a unit can access the same via the Condominium Association a statutory body set up under the Haryana Apartment Ownership Act. but we have a larger problem in that we have a local thug with interests in land and creation of general unrest and with political ambitions in the RWA. with such an element around most of us prefer to just stay away from such issues. i tried my best to sort out the problems here but the RWA is a mini drinking club and the local thug threatens any one who dissents with the RWA. ideally the Asst Registrar of Societies who is also a corrupt person should scrap this RWA since a Condominium Association exists and that will help to sort out matters. more  
You may take help of Supreme Court Order of June 2011. SC has made it very clear that any person grabbing common property will be proceeded under Cr.Pc act if complaint made to concerned police station. Directions in this regard have been given to police departments already.
Thanks more  
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