Richard Levi 13 April 2020

Tin roof and grill in front of flat window

I live in goregaon, mumbai . I live in 2nd floor of my building and there is a podium under my flat, the roof of the podium extends outside my window of the hall. Members from top floor throw all kinds of garbage and it use to get accumulated in front of my window. I complained number of times to the secretary and committee members about this issue, it was never cleaned , after months follow up they allowed me to put up a temporary shade and a grill on the boundary of that roof so that litter doesnt happen in front of my window and there is no further security issue of anyone climbing and entering my home. The permission was a oral permission. I took 2 weeks to put a tin roof and the grill and no one stopped me during that time and number of committee members came and checked to see the work and were good and ok with it. Few months later new secretary was appointted and he has been harrassing me and my family and asking is to remove the roof and grill. He was also a member in previous committee and he was aware of when we were putting the tin roof and grill. We explained him about the literring and the health concerns and safety issue and yet his response is that we should face them as we brought a flat in lower floor. He is also treathning me and my family with bmc complain, society notice and fines. We cannot access or use the area as there is 5 foot wall that blocks the passage and the only reason we built it was to prevent the littering in front of out home and the grill is for safety. Kindly suggest what we should do as its becoming painfully traumatic as its impossible to live near that littered area as it keeps getting us sick and its impossible to explain this secretary and some of the committee members. Please do reply. Thank you.

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 13 April 2020

Complain to the RERA. and also complain to the Deputy Registrar of Housing Societies of your District against the committee.

G.L.N. Prasad (Retired employee.) 14 April 2020

Request Secretary in writing to display in the form of notice that littering there is prohibited and penalties have to b levied .(Showing first penalty, second penalty etc)

Wait for two weeks get such photographs and issue a notice to Secretary if the problem persists and if Secretary fails to take any action.

File a complaint to the Registrar of such societies.

After one month of all these efforts file a simple complaint in District Consumer Forum if you are paying maintenance charges to society as consideration. The total costs may not exceed Rs.500/- if you appear as party in person.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 14 April 2020

CONSIDER THIS:
1. IRRESPECTIVE of the littering, security risks or whatever...., the area mentioned by you is classified as a "compulsory open spaces" under the BMC & MRTP & FIRE Acts.

2. ANY type of encroachment (with or without Society's permission) is a prosecutable offence. However, you may approach the BMC for making such changes, for your purposes, thru a registered Architect and try to obtain temporary permission.

3. Further the Society has no legal jurisdiction to grant you any permission for the Shade or extended grills, since these are a violation /offence under the BMC & MRTP & FIRE Acts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Kishor Mehta (CEO) 14 April 2020

Considering all the legal aspects of your matter, it will be prudent to submit a complaint about the garbage to the society secretary and endorse a copy to the medical officer of P/S ward of MCGM. For permission to install iron grill in the window for security you may approach Goregaon police authority.

Richard Levi 16 April 2020

Thank you for your thoughts. Although it is not an open space as this spot is not accessible to anyone, its a roof extension and not a common area of the society. Littering and security is a major issue and society members gave an oral nod earlier. Since society can't have legal rights to issue permits, is there a way I can get a legal right to install a shade and grill from BMC. Please give direction.