Fence/grill in my stilt parking
Sunil
(Querist) 05 May 2014
This query is : Resolved
I have a stilt parking in my society. I park 2 cars in the stilt. Recently due to nuisnace created by the passerbys going to the garden through my parking, lot of damages are done to my cars and any work carried out by any of the members, the debirs is kept near by garage through passing by my stilt. Since last 2 years i have been telling the socy to take action but in vain. Recently i have put a 3/4th Fence/Grill and closed the way. The socy has threatened to remove it for which we are in head to head and have asked the BMC to intervene. They also threatened us by sending unauthorised notice to remove it within 12 hours. They also trouble my mother who is a sr citizen through phone as to when we are removing the grill. Most of the members in the socy have put huge grills for years together.
Kindly guide.
ajay sethi
(Expert) 05 May 2014
in your reply mention that you are willing to remove the grill provided other members also do the same
Sunil
(Querist) 05 May 2014
we have already filed replies but they are not replying to the same saying that they are not able due to reply due to no reasons specified. Is the Mg Committe authroised for such demolitions. As a citzen what are my rights and what would you advice me to do at this point of time. And what if they demolish it forcefully.
ajay sethi
(Expert) 05 May 2014
you cant install any grill without society permission in your parking slot
ajay sethi
(Expert) 05 May 2014
muncipial corporation will demolish unauthorised constructions made
Sunil
(Querist) 05 May 2014
we do understand that socy permission is req but when they are not responding to our letters since last 2 years, not taking action against our grievances,then but obvious we installed the grill that too 3/4th only. Even if we asked the socy would not have permitted. Other members have installed the grills but the only difference is that they are from another society as we have a complex and every 3 bldgs having different secretary/chairman.
Devajyoti Barman
(Expert) 05 May 2014
Let it be there. Let them obtain order first to remove the grill.
Rajendra K Goyal
(Expert) 05 May 2014
Illegal construction can be removed, your fencing without proper permission can also be removed.
Raj Kumar Makkad
(Expert) 05 May 2014
Construction even though may be temporary, if found against the sanctioned plan, can be removed without prior permission.
Raj Kumar Makkad
(Expert) 05 May 2014
The advice of Sethi is also of worth mentioning.
Sunil
(Querist) 06 May 2014
Respected Lawyers
Though it is very clear that any unauthorised const can be removed which is also agreed by us. But at the same time when circumstances are such as in my case whereby i have incurred repairing for damages worth Rs 50K+ for one car due to the ignorance of mg comm taking any action, mental & physical stress on daily issues to safeguard our cars, dirty water being stable in our parking slot, debris lying at our garage. Moreover many of the socy members have put full length grills though the socy is different but same complex. How would you justify this unjustice. How can one issue notices fortnightly without any meetings. How can mg comm torture and send threats, Im sure we have a law in place for such types of issues. Moreover we have also written to BMC, Registrar if we were wrong. Would like to know your views. Allegating someone about what is illegal is easy but what has lead to that illegality should be pondered upon. Dont you think. ?
Sunil
(Querist) 14 May 2014
Dear Experts
the latest development in my case is that after we filing a police complaint against the socy threatening to remove the 3/4th grill and post their call to the socy manager, they called us for meeting. During which as usual most meetings are unproductive so it landed unresolved and both parties stood by their stand.
What would be your advice now. Can someone give me the BMC, Kandivli East concerned authority to take this ahead and Registar. This type of treacherous torutre by the Secy to members in socy is not new but one need to take a stand in a democratic country like ours. Hope you agree though sounds like a revolution but necessary. Moreover disucssion are with a Sr Citizen who is the owner.
