Priya Mengaji (Advocate) 22 June 2014

Demolition of enclosures by bmc

Hello Respected Members,

I needed a clarification on the process of Demolition of balcony/flower beds wrongfully enclosed by members of Co-operative Society ,in Mumbai.

Can a single member approach the BMC ward for action against the defaulters/wrongdoers who have done illegal constructions to their existing flat premises.Society's Managing Committee is not ready to initiate action ,and BMC(MCGM) refuses to acknowledge individual complaint.Building is an old structure,more than 27 years.,modifications mainly done by ground floor flats enjoying higher area & paying lesser maintanence.

Please advise if such individual complaint is permissible & if so the process & judgements that can be referred on this .I tried searching for information but it is not very comprehensive.

Appreciate your help & thanx in advance.

Regards,

Priya Mengaji

Reply Follow

3 Replies

Suneet Gupta (www.vashiadvocates.com) 23 June 2014

Even a single person can complaint to the local BMC ward. Procedure is to

Inform the Society in writing (take a receipt on the photocopy) and give them time to respond (15 days).
If there is no response from the society, complain to the local BMC ward, and attach the letter written to the Society, telling the BMC that the Society has refused to take action.
If the BMC does not accept your complaint by hand, send it to them by Registered Post AD and keep the AD receipt.
If the local ward does not reply, send a copy directly to the Municipal Commissioner's office.

Best of luck. You can contact me directly through a private message if this issue is not solved.

VIRAJ KADAM (Advocate Supreme Court of India) 23 June 2014

Dear friend

Yes, you as a single person can approach BMC and ask them to take action. If they fail to do so you can take the BMC to court you can file Suit in the City Civil Court and can also file Writ in the High Court.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India

virajkadam@gmail.com

T. Kalaiselvan, Advocate (Advocate) 26 June 2014

I agree with the views expressed by Mr. Suneet Gupta on the subject issue, you may follow the suggestions made, if need be, you may take the help of a local lawyer too.