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Richard Levi   25 April 2020

Tin shade and grill

 

I live in goregaon, mumbai . I live in 2nd floor of my building and there is a podium under my flat, the roof of the podium extends outside my window of the hall. Members from top floor throw all kinds of garbage and it use to get accumulated in front of my window. I complained number of times to the secretary and committee members about this issue, it was never cleaned , after months follow up they allowed me to put up a temporary shade and a grill on the boundary of that roof so that litter doesnt happen in front of my window and there is no further security issue of anyone climbing and entering my home. The permission was a oral permission. I took 2 weeks to put a tin roof and the grill and no one stopped me during that time and number of committee members came and checked to see the work and were good and ok with it. A few months later new secretary was appointed and he has been harassing me and my family and asking us to remove the roof and grill. He was also a member in the previous committee and he was aware of when we were putting the tin roof and grill. We explained to him about the littering and the health concerns and safety issue and yet his response is that we should face them as we brought a flat on the lower floor. He is also threatening me and my family with BMC complain about society to notice and fines. We cannot access or use the area as there is a 5-foot wall that blocks the passage and the only reason we built it was to prevent the littering in front of our home and the grill is for safety. Kindly suggest what we should do as it's becoming painfully traumatic as it's impossible to live near that littered area as it keeps getting us sick and it's impossible to explain this secretary and some of the committee members. How do I get permission from BMC to keep the roof and the grill for safety and health concerns of my family?  Please do reply. Thank you.
 



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 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 April 2020

WHY repeat the query, when already answered, by various experts: https://www.lawyersclubindia.com/forum/Tin-roof-and-grill-in-front-of-flat-window-209151.asp Keep Smiling .... Hemant Agarwal VISIT: www.chshelpforum.com

Karishma Yadav   26 April 2020

Greetings!

A person is guilty of a public nuisance who does act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to person who may have occasion to use any public right under Section 268 of Indian Penal Code and is punishable under Section 290 for the same.

You can file a suit against your neighbor for creating nuisance outside your window.

You can also file a civil suit for permanent injunction against throwing garbage in front of your window.

To get the permission of BMC, you'll have to follow the procedure given in Section 351 of BMC Act, 1888. 

 

Regards,

Karishma Yadav

Karishma Yadav   26 April 2020

Greetings!

A person is guilty of a public nuisance who does act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to person who may have occasion to use any public right under Section 268 of Indian Penal Code and is punishable under Section 290 for the same.

You can file a suit against your neighbor for creating nuisance outside your window.

You can also file a civil suit for permanent injunction against throwing garbage in front of your window.

To get the permission of BMC, you'll have to follow the procedure given in Section 351 of BMC Act, 1888. 

 

Regards,

Karishma Yadav

Richard Levi   07 May 2020

Madam, can you please guide how to get this permission to have a tin shed in front of my flat on a permanent basis from BMC under section 351 of BMC act. Whom should I meet for this? how long does the procedure take? and how much will this cost me? Please help with this.


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