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Tushar   04 December 2017

Adjoining of two flats

In our CHS Society there is two adjoining flats belonging to the same members. They have remove the wall of the flats without permission from Society.

As per approved plan they are shown two separate flats. Can Society take action on that member.

Regards

TRY



Learning

 5 Replies

Ankit Verma (Lawyer)     04 December 2017

Yes , appoint a lawyer file a suit for permanent and temporary injunction, as the flat owners are making a building dangerous for other flat owners life, as the loads of that building are now removed from the said flat by removing walls and as per sanctioned plan no one can make changes through it. click some photographs and it is also better to file with building structural enginner report. 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 December 2017

1.  Removing "common walls" between  Flats /Units, is an Criminal Offence under the BMC Act, punishable with Penalty /Imprisonment.  ONLY the BMC authorities are empowered to take legal action and not the Society.

 

2.  The Society has no jurisdiction "whatsoever", for Fine /Penalty /Punishment /permission /whatever, IF its members remove or amalgamate his Two Flats /Units, to the exception of duly informing the BMC authorities, for relevant legal action against the violater member.

 

Keep Smiling .... Hemant Agarwal

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 December 2017

If you are in Maharashtra, additions and alterations require the permission of the Society under the Model Byelaws. The Society can give permission provided such addition and alteration will not weaken the building and will not cause any legal or operational problems. After obtaining the approval of the Society, the concerned member should apply for permission of the Municipal Corporation. The Corporation looks at tax implications and violation of Municipal laws before giving permission. They may look at the possibility of collecting bribes also.  I do not think that any where in the process there is looking at structural implications of such change. The Society should, in the interest of all concerned, examine the structural implications by consulting a qualified structural engineer. Blind refusal of permission without any reason is not proper. Often interconnection between two adjoining flats would need only opening a brick wall and installing a door there. It will not weaken the structure.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 December 2017

The Society can ask the member to take the required permissions post-event. The Society shall see to it that no structural damage results. The principle is that RCC members should not be disturbed.

Tushar   06 December 2017

Thank You all for your valuable replies.

 


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