Amit Jain 21 June 2018

Shades for open Terrace attached to flats

Hi,

we are residents of floor above the floors which has open terrace flats. Recently those below flat owners have put a proposal to erect shades on the grounds of shelter to society, and the society too serm to silently support them. However their structure would create a room for dirt etc to fall on the shade causing inconvenience of bearing filth, dirt to us, and all the water logging on shade will be a breeding point for mosquitoes, etc making it unhygenic as we cant clean them from our windows. It will also block our views. How illegal is this and What course of right action can be taken by us to stop unauthorised erections like this. please reply asap. Thanks

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6 Replies

Siddharth Jain 21 June 2018

you can civil court by filing a suit of mandatory and permanent injunction against the concerned person to stop the construction as it may cause health hazards to you and the other residence of the society.

for any other queries feel free to contact me at isidjain1@gmail.com

Amit Jain 21 June 2018

Thank you...but is a court order better first or a complaint to BMC. What is ideal first step. Thanks

Siddharth Jain 21 June 2018

first step should serving them a legal notice, restraining them to do such act, along with complaint to BMC.

If it is not successful, you can approach Civil court.

Kumar Doab (FIN) 21 June 2018

The silent support does not mean anything.

The society should follow bye laws and agree or disagree as decided in meetings..and on record..

You are liberty to proceed against the erection as in query on record before society and even approach court…

Approach senior LOCAL counsel of unshakable repute and integrity specializing in society/civil matters and well versed with latest citations, LOCAL applicable rules/laws/bye laws-Act in the state … and having successful track record…. and worth his/her salt…..and show the case related docs/inputs etc etc

Consultation shall bring clarity to you.

Kumar Doab (FIN) 21 June 2018

LCI experts Mr. Hemant Agarwal, Mr. M.V.Gupta, Mr. Kishore Mehta may be from your state/location and they posts on such matters with deep insights..and even maintain well nourished blog.

If you wish you may get in touch with them.