Box grills

jigar makwana (Querist) 09 November 2024 This query is : Resolved
I live on the first floor in road facing flat and I was looking to install grills for safety purpose, in my bedroom and living room. There is chajja on top of my flat that is approx 70inch outside due to a garden area in the flat above me on the second floor.

There is a structure outside my balcony of 28inches in both the rooms. I was looking to put a box safety grill to cover the structure of 28inches outside my balcony and use that for temporary storage.

I am not trying to incorporate that area inside my bedroom or living room.

However my society chairman tells me that I can not put a safety grill to cover 28inch of structure outside my balcony as there is a law that you can only put a box grill upto 12 inch beyond the balcony.

Need guidance from experts on Whats the right thing since I am not aware.

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Quick Summary

A resident living on the first floor is seeking advice on installing box safety grills for their bedroom and living room. They wish to cover an external structure of 28 inches outside their balcony for temporary storage, but the society chairman has objected, citing a rule limiting box grills to 12 inches beyond the balcony. The discussion offers guidance on verifying society bylaws, challenging the chairman's claims, and potential legal recourse if no specific rule prohibits the proposed installation.

T. Kalaiselvan, Advocate (Expert) 09 November 2024
If the society chairman is objecting your proposed construction of gril to cover the structure, you may ask him to quote the relevant rules, if there's no such rules prohibiting your construction of grill, you may take legal action against him for unnessarily interfering in your possession and peaceful enjoyment of the property.

kavksatyanarayana (Expert) 09 November 2024
Verify your society's bylaws and proceed accordingly.

Isaac Gabriel (Expert) 09 November 2024
Bring the matter before the General body of the society by a request/appeal in accordance with the bylaws.If not agreed file a dispute under section 90 of the society act to the registrar for redressal.

T. Kalaiselvan, Advocate (Expert) 09 November 2024
You can ask the society chairman about the rule he is referring to.
If he's not quoting the relevant rules in this regard you may go ahead with the proposed construction and file a suit for injunction against the society to restrain from interfering in your possession and enjoyment of the property

Dr. J C Vashista (Expert) 10 November 2024
Presumably Chairman of the Society is objecting by referring to structure and ambiance of the building which cannot be altered for your personal safety /security since it was already taken care at the initial stage of designing the premises and same (architectural design) has been approved by competent / concerned authorities, isn't it ?

jigar makwana (Querist) 10 November 2024
Thanks for guidance 👍

Dr. J C Vashista (Expert) 11 November 2024
You are welcome for understanding and appreciation.

P. Venu (Expert) 11 November 2024
Bylaws do not constitute the law unless it is based upon statutory authority.

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