Permanent shade on bldg terrace

Querist : Anonymous (Querist) 28 April 2023 This query is : Resolved
Due to constant leakage, the structure of the bldg was getting weak n top floor occupant were facing sever problem. The bldg committee decide to built a permanent shade to prevent as above mentioned.
Now we have received a notice to dismantle the shade due to a complaint from one the member of society. What is the best solution for this

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kavksatyanarayana (Expert) 28 April 2023
In the query, no legal elements were found. The committee decided to build a permanent share and if you are against to it, say your opinion to the committee.

Sudhir Kumar, Advocate (Expert) 29 April 2023
from whom you received notice. what society by laws say.

Dr J C Vashista (Expert) 30 April 2023
The bldg is maintained by Managing Committee of a Cooperative Housing Society or Residents Welfare Association since laws governing both of these bodies differ ?

T. Kalaiselvan, Advocate (Expert) 30 April 2023
Constructing a permanent shade for whatever reason or purpose it is stated is an alteration to the structure, which is not permitted to be done without the permission or approval of the local civic body or the competent authority.
The building committee cannot derive authority or rights to sanction approval or permission such illegal constructions.
If the notice has been served then it should be noted that the illegal structure has to be uninstalled or demolished immediately before any further legal steps are initiated by the authorities concerned.

P. Venu (Expert) 01 May 2023
The Society may furnish the explanation to the Notice, if it has been issued by a competent person or authority.

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