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Stephen Pereira   08 April 2023

Society wants to construct in front of my flat

Our society wants to construct a gym room above the existing ground floor  club house and gym unit while combining the existing units into one larger club room.

This 1st floor construction society is attempting to pass in a general body meeting by vote . Since most members are not affected there is no issue to pass. 

But the 1st floor gym room will block natural light to my flat , wind flow.will stop and since it is planned with glass walls will affect my privacy. This planned gym when constructed will be about 15ft from my windows. 

The current gym is on yhe ground floor so there was no such issue . What are my options for recourse . Can I halt this activity ? Is the construction legal ? Can affected flat owner stop this ?



Learning

 3 Replies

Dr J C Vashista (Advocate)     09 April 2023

Did you discuss / give in writing the issue with the society / association ?

If yes and society /association is adamant you should seek permanent and mandatory injunction from jurisdictional civil court through a local prudent lawyer.

T. Kalaiselvan, Advocate (Advocate)     09 April 2023

You can proceed as suggested by senior expert Dr Vashista Sir. 

The society cannot construct any such structure even if it has the approval of the general body, they have to obain approval from the local civic body.

You can very well raise your objection on the grounds of your easment rights being obstructed. 

You can obtain a stay order by filing a suit for mandatory injunction and permanent injunction against the society on the same gorounds.

Stephen Pereira   11 April 2023

I have discussed this multiple times with the secretary they being also "friends".

Have sent a mail day before yesterday formally to the committee explaining my concern and requesting them to remove the point from the general body meeting points as the plan Is illegal and inconveniencing to us. They met me  yesterday but have not given any positive response to resolve the issue . They said the point cannot be removed as per the bye laws now that it is in the notice and has to be discussed since it is already included . Is it so ?

They are discussing the point in the committee and then will revert back . In the mail I asked for written response which i doubt I will receive . Waiting for their decision will update once received.

 


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