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dinesh keswani (Director)     23 September 2011

Open terrace covering

Greetings to All ..

Wanted to get clarity on enclosure of an open terrace. If an open terrace attached to the apartment has been purchased and is part of the plan can it be covered ?

The terrace forms part of the flat and has an entry from the flat (flat on the 1st floor).

What are the grounds on which the flat owner can cover the terrace either temporairly or permanently ?

Would grounds like safety (of any senior citizen residing) be considered ? Would other factors like nuisance value (thrown into the terrace from flats above) add to the case FOR the flat owner ? There are also shops below which carry out commercial activity and do climb into the open terrace to carry out renovation and decoration of their premises (although there is alternative entries) ?

I believe there have also been a few judgements in favour of the flat owner where in he has been granted permission to put grills (for safety reasons) and cover his terrace? would appreciate if any one can help with details on the same.

Thanks & Regards



Learning

 4 Replies

Anil Agrawal (Retired)     23 September 2011

Is it a cooperative housing society?

dinesh keswani (Director)     24 September 2011

yes it is a chs

dinesh keswani (Director)     24 September 2011

Dear Sir,

Are there any Bombay High Court judgements in favour of the Flat owner.

rgds,

Dinesh

Anil Agrawal (Retired)     24 September 2011

The builder cannot sell open terrace to any member. Download this judgement.


Attached File : 17909 211698 37 terrace builder cannot sell.doc downloaded: 494 times

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