Metal patra shed placed at terrace causing issue
Vaibhav
(Querist) 18 July 2018
This query is : Resolved
Actually,we are leaving in 12 story building which is currently under Builder authority still, not society formed yet.
And now one of the flat owner (At FIRST FLOOR) which is stayig exactly at below my flat (i.e. on SECOND FLOOR) has placed Metal Patra sheet in his open to sky terrace i.e. very nxt to our bedroom window of Flat.
And because of this PAtra shed we are facing below issues -
1. We are not able to sleep in bedroom due to hard bad noise in rainy season as water continuously tapping on metal Patra shed.
2. Also our view get distracted due to this shed, as it is covered big area in front of my bedroom window.
3. Cleanliness also impacted due to dust and bird dirt over PAtra shed, so health is impacted
4. Safety is also impacted as anyone can easily access my flat at 2nd Floor through this PAtra shed placed at first floor.
So this type of issues we are facing badly.
We are discussing this issue with builder and owner to resolve this issue, but they are not getting understand our issues which we facing badly and not taking any action. And because of this issue from last 2 weeks we are not able to sleep in bedroom at all and also all time we need to bear with Dirtyness over Metal sheet all time in bedroom.
So my question, whether such type of Metal hard PAtra shed allowed at Terrace to place? IS it legal? Also who need to be responsible for this as per Property law? Because here are 5 building in our society of 400 + flats.
What further action we need to take to resolve our issue, as Builder and flat owner not taking any action?
Kishor Mehta
(Expert) 19 July 2018
You should submit a written complaint to the Municipal corporation.
Vaibhav
(Querist) 19 July 2018
Ok, thank you for your reply. So whether legally are they allowed to place shed at First floor shed? And whose permission for putting shed is required.
Kishor Mehta
(Expert) 19 July 2018
Permission from the Society/owner and Municipal corporation is necessary for any temporary or permanent additions or alterations in a premises.
Hemant Agarwal
(Expert) 25 July 2018
1. IF the property is in Mumbai, THEN file complaint u/s 381 r/w 471 with the BMC, regarding the nuisance by such nefarious people.
2. Also file nuisance complaint with the local police station.
3. IF both above fail then file private criminal complaint before the local magistrates court u/s 156(3) Cr.P.C. and pray for proper directions to the BMC and the Police.
4. You can also file case in local Civil Court, seeking compliance and restraining order against the said Patra Shed owner. Putting up such Patra Shed is a prosecutable offence under the BMC Act and the Fire Act and the MRTP Act and no temporary /permanent permission is given.
Keep Smiling .... Hemant Agarwal
Vaibhav
(Querist) 26 July 2018
Thank you sir for your detailed reply. It is really helpful.
But my flat is coming under Pune area and under PMRDA, so same rule is applicable for Pune PMRDA region?
Hemant Agarwal
(Expert) 26 July 2018
1. PMC Act and BMC Act is literally the same. Hence my reply would have same affect for Pune matters too.
2. Fire Act and MRTP is applicable throughout Maharashtra, which includes Pune.
Keep Smiling .... Hemant Agarwal
