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Open terrace of society

(Querist) 08 December 2011 This query is : Resolved 
Sir,
In a building of my friend, there is a open terrace on 4th floor having 3 flats.

i.e. all the 3 flats have open terrace.

if society members has to use the space they have to go through the main doors of those flats.

Now one of the members is covering the walls and using the same as his space itself.

I want to know the rules in detail where this can be avoided.

Awaiting reply.
Thanking you,

TRIBHUVAN PUROHIT
ajay sethi (Expert) 08 December 2011
no member cannot cover the terrace . society should object . complain to BMC
prabhakar singh (Expert) 08 December 2011
yeah! Mr.Sethi is right.
Raj Kumar Makkad (Expert) 08 December 2011
I do agree with the advice of ajay.
TRIBHUVAN PUROHIT (Querist) 09 December 2011
Dear Mr. Sethi,
I am furnishing some details for you,
The flat are having open terrace as a part of their agreement,

as mentioned in my 1st query posted, the access to open terrace is from the main door i.e. if somebody wants to use it they have to pass through their flats only, there is no other way to access the open terrace.

One flat owner as mentioned above is now covering the same with walls and converting it into bedroom/hall type scenario by covering walls putting roof etc.

Is this legal or illegal, how to avoid it as my friend is now chairman of society, how he has to handle this issue because by looking up one member doing this others will follow the same and it will create hurdle for him.

What are his rights to to tackle with this as a chairman,

Please explain.

Thanking you,
Tribhuvan Purohit
ajay sethi (Expert) 09 December 2011
it is illegal . terrace is free from FSi . no constructio n can be done by member .

you have to complain to local ward officer BMC . in addtion complain to Registrar .

further members of managing Committee can remove him as Chairman


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