Received notice from municipal corpoaration
N.J. MISHRA
(Querist) 03 January 2014
This query is : Resolved
DEAR MEMBER KINDLY GUIDE ME;
ONE OF MY FREIND HAD PURCHASED FLAT AND TOOK THE POSSESSION IN THE YEAR 2003. AT THE TIME OF CONSTRUCTION HE REQUESTED DEVELOPER TO REMOVE THE PARTITION WALL AND MERGE TWO FLATS IN TO ONE.
THE AGREEMENT WAS SIGNED AND REGISTERED BUT THE PLAN IN THE AGREEMENT HAVE THE PARTITION WALLS. NOW MUNICIPAL CORPORATION SAID THAT MY FRIEND HAS REMOVED THE WALL AND HAS ISSUED NOTICE UNDER SECTION 53(1) OF THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, TO REINSTATE THE REMOVED WALLS, FAILING WHICH CORPORATION WILL PROCEED WITH LEGAL PROCEEDING.
PLEASE NOTE THAT TILL DATE EVEN MY FREIND HAS NOT RECEIVED O.C. FOR THE SAID FLATS AND BUILDER IS NOW NOT ENTERTAINING HIM. PLEASE NOTE THE SAID FLATS ARE HAVING DIFFERENT ELECTRICITY METERS AND BUILDER HAS NOT PROVIDED US SANCTIONED PLAN AND HAS NOT FURMISHED THE PLAN OF SAID FLATS BEFORE MUNICIPAL CORPORATION.
SINCE DON'T HAVE EXPERIENC E OF CIVIL LAW KINDLY ADVICE FURTHER ACTION.
Devajyoti Barman
(Expert) 03 January 2014
The mater is not so grave. Since the wall was internal structure if you make a written representation the Municipality would withdraw such notice.
At the most you may penalised with some money.
ajay sethi
(Expert) 03 January 2014
you have carried out structural alterations in said flat without BMC consent . you cannot merge two flats into one . reinstate the walls as you have weakened the structure of the building .
Rajendra K Goyal
(Expert) 03 January 2014
Well advised by the expert ajay sethi ji, agree to it.
Devajyoti Barman
(Expert) 03 January 2014
I am not muvh aware of BMC but such things in Kolkata or WB is permissible.
Hemant Agarwal
(Expert) 18 September 2014
1. Removing "dividing walls" between two flats would mean "amalgamating" two flats, which is a violation of BMC laws (in Mumbai). However this does NOT amount to "structural alteration /changes". Structural Changes would necessarily mean removing/altering the Beams, Column, Pillars, Floors etc...., in a RCC Frame building.
2. Continuing "amalgamation" is an offence punishable with Penalty /imprisonment, IF not restored back to its original state. Offence of amalgamations is NOT condone'able and cannot be rectified in the approved plans, without due process of law at BMC's end. However amalgamation's can be regularized permanently AFTER conducting due processes (tedious).
Keep Smiling .... Hemant Agarwal
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