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Kishore PT (Manger)     26 November 2012

Changes in approved design and illegal construction

Dear Sir,

I am leaving in society which have last year registered under Cooperative housing service society in Gujarat state and have 83 flats in totel (4 buildings). The buildings are 4 years old. The bulider did not took interest in  Registration of the society. So few owner of the four building come together and took the charge and formed the Registered society.

One of the owner of the flat and also member of the commitee after buying the flat three years back did reasonable changes inside his flat. He took over the balconies of the house inside the rooms, converted one of bedroom into kichen and Kichen into bedroom. Inshort he totally change the approved design of his flat with or withour the permission of the Builder  and definately not to the knowledge of the local auth. He took away appox. 4 x 5 sq. ft of the common passage near his approch.  As during this act there was no soceity formed so no body came agaist it. I did talk to the other member of the committee regarding this illegal act but no one is interested as no body know the actual law.

My question is:

1) Can any body do permenant stuctural changes inside his flat ?

2) Can one build a permanent stucture on the common passage?

3) What action commettee member can take on the owner?

4) Do he has right to hold the repossible position in the committe?

5) How to proceed further in order to remove the encroachment.?

6) under which law this things are illegal?

7) Can you give reference of some legal action taken by our honourable Court or Registrar of Cooperative soceity?

Thanking you all in advance.

Regards,



Learning

 1 Replies

Kishor Mehta (CEO)     27 November 2012

Sir,

 

1) For making any structural changes one has to have written permission from the Society/Builder and the Municipal Corporation.

2) Nobody can cover common passage.

3) The Committee members can issue a notice and ask the member to forthwith remove the unlawful structures and restore the flat to its original condition as per the approved plans.

4} He has no right to be a member of the committee if he does not remove the unlawful construction even after receiving a notice from the committee.

5) The best procedure is to approach the local municipality and the Registrar's Court,

6) Unlawful constructions are illegal according to the Municipal laws, as also according to the Co-Operative Housing Society Laws.

 

Regards,

Kishor Mehta


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