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yogi   15 April 2023

Split ac units on my terrace wall

i am living on first floor with private terrace however on ground floor there are shops which are rented out by owners these tenants has mounted their split ac units on my terrace wall ( some are even at height above my wall, so you can see portion of them ) and constantly throwing hot air and you literally feel not standing in terrace as you are inhaling this hot air please let me know what the law if any governing such issue in Mumbai ? BMC has any say on this ?? what recourse i have ??? unfortunately society is lawless and not functional, most of the office bearers are living on higher floors and least bothered so only i have to take actions


Learning

 2 Replies

P. Venu (Advocate)     15 April 2023

You can initiate a civil action or approach the Executive Magistrate. It is advisable that a legal Notice is served in the first place. Perhaps, the Notice itself may solve the issue.

T. Kalaiselvan, Advocate (Advocate)     16 April 2023

You can issue a legal notice to the shop keeper who has installed the AC outdoor unit on your terrace considering your terrace area is a private space ownerd by you and instruct them to remove them.

If they fail to comply with the demand made, you may either report the matter with a complaint to the local civic body or file a suit for mandatory injunction against them to remove the installation  for the reasons you rely upon.

 


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