Illegal terrace room.
Aijaz Ahmed Munshi
(Querist) 05 December 2014
This query is : Resolved
In my building there is a terrace of around 250 sqft on which two tenants of my building have illegally made two rooms.
The building is of trust and we are in like PAGADI system.
my question is can anyone build illlegal rooms like this?
can with the permission of land lord the room can be made?
in the bmc map THE AREA OF TERRACE IS WRITTEN AS OPEN TERRACE.
i want to knock off the rooms as that open space is of all the tenants living in the building and it belongs to every tenans equally.
Devajyoti Barman
(Expert) 06 December 2014
CONSTRUCTION OF PERMANENT NATURE WITHOUT PERMISSION OF LANDLORD IS A GOOD GROUND FOR EVICTION FOR WHICH ONLY LANDLORD CAN TAKE ACTION,
You however can lodge complaint for demolition in the local municipality.
Anirudh
(Expert) 06 December 2014
Are they your tenants?
What were you doing when they were constructing? Why did you not object?
In any case, first send them a suitable legal notice pointing out the breach committed by them, ask them to take away the offending construction within a time frame say 15 days or 21 days whatever.
Once they fail to do so, then file a case for eviction on this ground itself.
But please do not knock off the rooms yourself, if you do so, then they will file a case against you!
Rajendra K Goyal
(Expert) 06 December 2014
Well advised by the expert Anirudh in case you are landlord. If you are a tenant like them, write to landlord and Municipal authorities for demolition of illegal construction on common area.
ajay sethi
(Expert) 06 December 2014
construction is illegal and unauthorised . complain to BMC regarding the unauthorised construction made on terrace . BMC will demolish the same as it is contrary to sanctioned plans
Aijaz Ahmed Munshi
(Querist) 08 December 2014
Thanks to all for good advices.I will take necessary steps as said.
I have only one more doubt that can with a permission of the landlord it can be retained after i complain to BMC?
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
With the permission or not, the structure if found to illegal construction, you may write to BMC for gross violation seeking necessary action.
