LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

krunal (owner)     17 March 2017

Illegal constuction on building load bearing room

hello sir

i am from pune  .i had taken a flat in a register society in a malad as a investment . i dont go to that flat regurlay and after few month when i went to that flat i saw that my negibour has made illegal constution of load bearbing room in third floor and it covered my toilet windows hardly some space  is there to air to escape .when  construction of there illegal room i have noiced some crack in my wall as it is attached and interior of my home paint of wall is damage due to water .i complained society for providing permission to make illegial room they didnt  did anything as there are many such flat in the society same load bearing .when i told secretray i had a quarrel with them they said my neighbour is a infuencital person has a good politilcal contact so he cant help me .he said if u have objection u go legal he  cant help me???can some help me please ??

1)the flat is in the malad where should i complain in municaplity or some other office??proper address would be helpfull or some online complaiint webaddress??

2)what document i have to submit as a proff or written complaint is enough ???

3)they have already completed consustrition of illegal load bearning room ,what can i do to break it ??/

4)they caused damage to my interior wall and paint ?how should i get damage expenses fromt them?

 

please to help me people do many thing illegial having political contact and i am not able to do anything ,they abuse and fight .i want to go legal way to slove this problem .,



Learning

 3 Replies


(Guest)

file the complaint with the municipal corporation. I will suggest that you file an RTI. Wait for the reply and then on that basis file complaint. if they dont take any action file a writ. We have done the same thing in another of my case and the result is that the demolition order has been passed. Since you are saying that it has covered your window you may also directly file a writ alleging that your fundamental rights are violated. make the municipal corporation party to that.

regards

1 Like

Sanjay Gautam (Advocate)     17 March 2017

Take some pictures of the illegal construction along with news paper, your property damages. file complaint with your muncipality and keep the complaint number and file a suit in your jurisdiction civil court for mandatory injunction demanding the demolistion of the illegal construction and your damages.  

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 March 2017

You can follow all the advice given by experts here. Is yours a co-operative housing society?  If so, under the byelaws,  a member has to take permission of the Society for making any additions and alterations. After the permission of the Society is obtained, the member has to apply to the Establishment Department of the Municipal Corporation. The inspector from the municipality will come and inspect the location and details, where necessary with drawings. After the inspection he will report back to the Establishment Department. The Officer-in-charge then will write to the member either denying or giving permission. There may be an increase in property tax. As the tax is levied on the Society, they will send the demand to the Society. The Society can collect the tax from the member concerned.

You can write to the Secretary/Chairman of the Society asking whether the member had applied for permission and whether the Society had granted permission. If so, you ask for copies of the documents offering to pay the photo-copying charges.

In Maharashtra municipalities have wards. You find out in which ward your Society is and the address of the office. Under RTI Act, there must be a PIO in the office. You can get the designation of the PIO from Maharashtra Governmet website or the municipal website or straight go to the Municipal Office and ask.  You write to the PIO under RTI asking whether the member had applied for permission, whether he had produced the permission of the Society along with his application and the actions taken by the Municipality on such application. You can ask for copies of all the documents. In Maharashtra there is a form for RTI application. You can get the form from their website. You have also to affix Rs.10/- non-judicial stamp on your application. If you do not get the form send a PM to me with your email id.

You can also send a complaint against the Managing Committee of your Society to the Assistant/Deputy Registrar of Co-operative Societies connected with your municipal ward. He will first write to your Society asking for their response.

Further action and its speed  will depend on how persistant you are. They have to give you the information under RTI within 30 days.

All said and done you can hope for any action only by going to court. You know what courts in India do.

You can also file a writ of mandamus before the High Court ordering the above authorites to act. I am not a lawyer. Lawyers will know better.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register