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meera arora   12 September 2024

Sra society dispute

I am a resident of an SRA (Slum Rehabilitation Authority) building in Mumbai. A few months ago, I decided to install a sliding window in the passage just outside my flat. While I was doing this, no one—neither the society members nor the committee—raised any objections, so I assumed it was permissible. The passage was underutilized, and the sliding window gave me better privacy and protection from dust. However, just a few days ago, I received a formal letter from the society committee stating that I needed to remove the sliding window as it was not allowed. I was confused, as no one had mentioned any issues while I was installing it. After some investigation, I found out that my neighbor had complained, claiming that my window was blocking her ventilation and causing discomfort.

Now I am facing a dilemma. I genuinely didn’t mean to cause any harm, and no one initially objected, but I don’t want to create conflict with my neighbor. Can the society legally force me to remove the sliding window? What are my rights in this situation, considering no one objected during installation, but a complaint was made afterward? How can I address the ventilation issue while maintaining my need for privacy?



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 September 2024

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 September 2024

We do not know the exact nature of your action and its physical consequences. The area outside of your flat is common area. Does the installation of your sliding window would amount to encroach upon the common area or in restricting others from using the area? You should have taken prior permission of the society. The society can ask you to remove the sliding window.

P. Venu (Advocate)     13 September 2024

Is it really the case that the new installation is causing inconvenience to the alleged complainant? Is there any lawful authority vested with the Committee to interfere in such issues?


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