Shashikant Madkaiker (Business) 06 November 2009
Dear All,
A Housing Complex in Mumbai registered as a CHS , has some flats with open terrace, some on the first floor and some on the top floor. Most of the occupants have covered it with a permanent structure.
What does MOFA have to say in these matters,can occupants enclose such an open terrace , or they cannot do so . Please advise the relevant section of the MOFA act and if there is any judgement on this issue , or any circular issued by the BMC or Maharashtra Govt.
Thanks
Shashikant
Anil Agrawal (Retired) 07 November 2009
Unable right now to locate the case but a Chairman of a CHS in Chembur had usurped the terrace and he had to vacate and also fined. Shall keep trying to find out.
Darshan Sharma (Lawyer-cum-detective) 26 November 2009
You can lodge a complaint both with Municipal Corporation or Authority sactioning the plan of Group Housing as well as with Rigistrar of Societies concerned immediately pointing out the specific violations by specific flat owners with copy to Anti-corruption Dept. and media. Further, to to avoid your personal involvement or disclosure of your identity, you can post these letters through UPC. You may mention that weight of extra coverage can damage your property below as the balcony cannot bear additional load.
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