Bmc has issued us section 53(1) of maharashtra regional and town planning act 1966
Rahul
(Querist) 08 May 2013
This query is : Resolved
Hi ! i stay in mumbai ! recent one of the society member complained to BMC about the alteration inside my house. We had converted out kitchen to a room and for that they have complained to BMC. this change has been for 15 years .
BMC has issued us section 53(1) of maharashtra regional and town planning act 1966 and told us to redo the kitchen into same old thing within 30 days !
I would like to know what can be done to avoid the redo of house ?
What should i do as i got 30 days time to either redo the house.
Sir there was no problem for past 15 years form the same people. Now as i am the Secretary of the Building and the building is planned for the Re-development the person is harsing me so that i bow down to him and select his builder . Which i dont wanna do . Same people Were staying back and now same people have complained in BMC because i didnt agree to there Redevelopment Builder.For past 15 years the never complained and now they keep finding issues to disturb us and now this new one .
About the aleration and converting there was no major change to the room no Main wall was shifted or changed expect the room was converted. All the BIM were untouched.
Is there any provsion for me to claim saying that for past 15 years the people had no issue with it and now how come suddenly ? the aleration was done 15 years back
Regards ,
Rahul
Hemant Agarwal
(Expert) 09 May 2013
1. Conversion of any room (from kitchen to living room) is a fine / imprisonable crime under the MRTP Act. An illegal conversion shall remain illegal, irrespective of the time duration (1-20 years). This cannot regularised nor the floor-plan for the building can be changed for your one flat.
2. It is better to restore the kitchen to its original state and write to the BMC of compliance of its notice u/s 53. This will end the matter once for all ELSE the BMC will file prosecution with the BMC Court.
Keep Smiling .... Hemant Agarwal
Legal Consultants: 9820174108
Rahul
(Querist) 09 May 2013
Sir ,
In same appt there are total 8 house who have done the same and no one complained about them.But as i menstioned above the people who have complained are those who wanna just distrub my fmly. They are also defaulter of amount 1lacs due to pay to society and how can the BMC take the complain form a Defaulter member ? 15 years back i had take NOC form the building committee member.
Is there still no chance for me to explain to BMC as redoing the same will be risk matter as building is old and also i cant afford to redo all the work .
Suggest me please what to do !
ajay sethi
(Expert) 09 May 2013
no . you have to restore the kitchen . if you fail to do so BMC will file case against you .society cannot permit you to do unauthorized alterations. kitchen cannot be converted into a room
Rahul
(Querist) 09 May 2013
thank you for your advice
Rahul
(Querist) 09 May 2013
Sir what about the other 8 rooms ? which haven't received any notice ? what about them ? why should i only suffer ? is there any provision for me to keep the house same it is now ? by paying to bmc and legalizing the house ?
As really i guess the building condition is so weak that if we start to redo the kitchen platform the building may collapse .
Hemant Agarwal
(Expert) 09 May 2013
for RAHUL:
1. Regarding other 8 rooms, you have an option to make a similar complaint and they too will be served notice u/s 53 MRTP. You will not be able to circumvent the law by pointing illegal alterations by other flat owners. Of course, the BMC people can be managed quite easily, unofficially endlessly & repeatedly, to retain the illegal alterations.
2. It is a hallucination on your part to say "As really i guess the building condition is so weak that if we start to redo the kitchen platform the building may collapse". In such a case, the building will also collapse if someone jumps and plays in the card-board material building.
Keep Smiling .... Hemant Agarwal
Sudhir Kumar, Advocate
(Expert) 29 June 2013
refer
http://www.lawyersclubindia.com/experts/Harassment-by-neighbours-downstairs-401496.asp#.Uc78utjQzml
