awning on balcony of a residential flat in pune

Vinod Gupta (Querist) 18 September 2022 This query is : Resolved
I want to know the specific sections and rules of relevant Act and Rules that do not allow installing of an awning on Balcony of flat in Pune. The awning can be retractable and non retractable.

PCM has sent notice under section 53 and 54 of Maharashtra regional and Town planning Act 1966 to remove the sheds whether fixed type or awning.

Thanks
Vinod Gupta

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Quick Summary

Residents in Pune are receiving notices from the PMC under the Maharashtra Regional and Town Planning Act to remove balcony awnings and sheds, deeming them illegal constructions. While some believe there are no specific laws prohibiting non-retractable awnings and that society rules shouldn't prevent installation, others suggest consulting a local lawyer and seeking temporary PMC permission. The discussion centres on the legality of these installations and the authority of both the PMC and housing societies.

kavksatyanarayana Online

(Expert) 19 September 2022
State the full facts of the query or ask your tutor.

Vinod Gupta (Querist) 24 September 2022
I live in Rohan Mithila Cooperative housing society, viman nagar, Pune.
Some residents have installed temporary sheds in their balcony. Sheds are of different types : Awning , tin shed, fibre glass etc.
PMC has sent notice to remove the sheds as these are illegal construction. If not removed, PMC will demolish the sheds.
Notice is under Maharashtra regional and Town Planning Act , 1966.

kavksatyanarayana Online

(Expert) 24 September 2022
There is no such law that restricts you from installing non-folding (non-retractable) PVC awning on your balcony. society also has no right to stop you from installing it. Are there any written rules of your society that says so?

Vinod Gupta (Querist) 25 September 2022
I have given the reference of relevant law in my first post. Society has no specific rules. But now society is asking to take temporary permission from PMC for four months.

Dr J C Vashista (Expert) 25 September 2022
Local municipal laws and rules apply.
It is appropriate to consult a local prudent lawyer.

Vinod Gupta (Querist) 26 September 2022
Request other experts please help me in this matter.
Thanks

kavksatyanarayana Online

(Expert) 26 September 2022
PMC permission is not necessary for my view.

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