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kailash   01 January 2025

Extension and encroachment in housing society

Hello All,

I am resident of Panvel and my housing society is a registered society under CHS. I have a terrace flat and have covered my terrace with a tin shade and the structure is purely temporary. Almost everyone has covered the terrace in the smilar manner. 

The resident above my flat has done extension of his balcony over my terrace. The extension is a concrete structure and have covered my terrace by almost 40 percent. 
Now they have started keeping there big trucks also on the terrace roof which is made of tin. They have also made a door in there grill to access my terrace roof. 

I have reported that to my society but many members of the management committee are his relatives so they are not listening to us. 

Please guide me as to what I should do to get the structure removed from my roof. 

also, let me know how I can take any action against the society for not listening to me. 

Thank you all in advance 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 January 2025

You issue a legal notice to the person to remove them which is obstructing your possession and enjoyment of your terrace rights  and instruct the society to oversee the removal of the obstructions failing to comply you can lodge a complaint against the society with the deputy registrar and also local civic body after which your can file a suit for mandatory injunction against the intruder to remove them by the order of court


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