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Dipak   29 March 2021

I want to change t he normal sliding window to french windows

Dear All, I stay in the Karanjade gaon, Panvel (CIDCO) area. I bought reselling flat in July 2020. Other 100 flat owners bought in 2016. Society was formed in June 2019. I stay on the 1st floor in 1 BHK + Terrace flat. Total area 800sqft and the terrace area is around 400 sqft, so every other 6 flat members on the 1st floor has covered their balcony with a permanent roof. And this was done in the year 2016-17 before society formation. Even one person on my floor having a similar layout like me and he has made 3 separate bedrooms in balcony under roof shade.

Also, other people staying on different floors also extended the bedrooms and hall on the balcony( Joint the rooms and balcony. Some people added the load by bricks and replaced the french windows(originally given by builder) All they have also done before the formation of society without asking the builder, without taking the structural engineer certificate or without knowing the local authority or CIDCO (as my place comes under CIDCO).

Now coming to my query. As I stay on 1st floor with big balcony flat under roof shade which was originally put by previous owner. I want to replace the balcony windows with large French windows(like other flat on my top) so that I will also get enough sunlight in my room. Society denied and said u stay on front side of the building and it will look different from other people staying on your floor. Se we deny the permission. They told me to approach the CIDCO. CIDCO said there is no problem in doing this, but as OC is done and society is formed we can’t do anything. You can do it on your own as all other people have added the load and made changes in their flat. I conveyed the same to the society still they give me the reason that we all have done it before the society formation and our flat does not come in front side.

Also the shop owner(staying below me) has given the complaint to society against me and claiming that he has common rights on my balcony window wall parapet wall) as his naming board also on that parapet wall, so society is saying that if you will do this then the shop owner below you will break the wall and open the back entry door or put his water tank outside the shop which is backside in parking area.
When at the time I started the work without permission, the 12 committee member and the shop owner below me made lobby and came to stop my work and told my labors forcefully to get out, and threaten me that they won’t allow any labor in my house until I will normalize the window. Now the windows are removed and open so last 4 days I am suffering from mosquitoes and rats in my house. When I told them that there is no harm to the building as no one stays on me and you people have also done the unauthorised load putting work in your house. On that, they again said that if you will continue then we will complain to remove shade of all of you staying on the 1st floor and not allow any of my labor inside the house.

My point is if I am not harming anything to the building like them then why they are opposing ? And the what to do in this situation? How to prove my point to them. I don't want that they should normalize their flat. I just want to make the changes in my flat only, which doesn't cause any harm to the building. I understand that without permission I am doing this but no authority is taking the responsibility. We all are threaten and not getting proper sleep because of our work is stopped and windows are open.

Please help


Learning

 3 Replies

H.JanakiManohar Rao (lawyer)     29 March 2021

You approach proper court thro' an advocate and file a case against all the apt. owners who violated the approved plan and obtain demolishen order against illegal construction.You also make municipality a party along with residents.Your problem will be solved

Dr J C Vashista (Advocate)     31 March 2021

Be brief and specific to seek obligation of experts, otherwise consult a local prudent lawyer.

sooriya kumar s   31 March 2021

 

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