Illegal constructions in co-operative housing society
Ajit kumar nair
(Querist) 21 August 2016
This query is : Resolved
Sir, i am staying in a co operative housing society in mumbai.A member who is staying in the ground floor of our society is having a 1 bhk flat. There is a stilt parking area adjacent to his flat which is a common stilt parking of the society.This ground floor member is claiming that he has paid for this stilt parking area and it is his own property and society has no claim on this stilt parking area.Secondly he has made extensive changes inside his flat by breaking the concrete wall of his flat and made an additional door with steps for direct entry from his flat to this stilt open area.He is making illegal constructions on this stilt parking area by putting grills on both the sides and has made boundary walls of about 2 feet height from the ground level and made staircase to enter into this parking area from outside and vice-versa. Also he has made extensive alterations inside his flat by converting the kitchen area as a bedroom and encroached upon the society's common place to make a bigger size kitchen. We would like to know whether (1)he can use the stilt parking area as his personal property and make changes/alterations in the parking area,(2)these interior changes are legal or not and whether we can complain to the municipality for demolition of these alterations.
Raj Kumar Makkad
(Expert) 21 August 2016
The activities you told in your query on the part of the member residing on the ground floor are totally illegal. The parking space can neither is sold nor can be purchased. This is the common property of all the residents of the society including the common areas wherein the mentioned member has encroached upon.
In the given circumstances, society should issue a notice to such member to remove his encroachments failing which file a suit against him before the cooperative court. If society is not ready then you in your individual capacity also, can initiate such action as your right has also been infringed by such person.
Rajendra K Goyal
(Expert) 22 August 2016
Write to society and Municipality to remove unauthorized construction.
Ajit kumar nair
(Querist) 24 August 2016
Dear sir, we followed as per your advice and he demolished the wall from both sides but kept about 2 feet wall on both sides and again constructed a ramp for car to get inside the stilt and put tiles all over the stilt area saying that that area belongs to him.And when he came to stay in that building in year 2001 he had broke open his flat's wall without the permission of society to make an additional wooden door with steps so that he can enter this stilt area from his room.This itself is a breach because in this society all flats have only one entry but this member has made 2 entries to his room. So the secretary of our society and 2 other members told him to stop the illegal work he is doing but he says that in his allotment letter it is written that he has got 532 sq ft carpet area and something 900 sq ft saleable area including stilt area of 120 sq ft and 20 ft open balcony.Sir I would like to know whether if stilt area cannot be sold to anybody as per rules then how can he say that it is his personal.property and how can he make additions and alterations in the stilt area.Till date he has not used the space as car parking and since year 2001 he was using the stilt as a room without paying parking charges also.And we are sure he is going to use that space again as a room that is why he has not sealed the additional door and made all the interiors to the stilt.Municipality is also reluctant in taking action against this member saying it is a small work.But in society's view it is a very serious issue.Sir please can you guide next course of action agsinst this member.
Dr J C Vashista
(Expert) 26 August 2016
Whether Managing Committee is defunct? If so, any member can encroach upon "common area" as this member has done.
Otherwise, Managing Committee is competent to remove such encroachment inside the premises of society and charge him for removal of wall etc. erected or made access to stilt parking, which is part and parcel of "common area" for all members of the society.
Parking space cannot be sold/purchased in society, such transaction, if any, is illegal.
However, Municipality has no jurisdiction to enter into internal matters of the society.
Ajit kumar nair
(Querist) 26 August 2016
Thank you Rajkumar Sir,Rajendra Sir and DR J.C Vashista Sir for your valuable advice.
Dr J C Vashista
(Expert) 27 August 2016
You are welcome Mr. Ajit Kumar Nair.
