Unauthorized construction
Shubhangi Raykar
(Querist) 14 January 2012
This query is : Resolved
A lady Having a garden flat in A flat Owners' Association in Pune has constructed 3 rooms in the garden.This has affected the security and privacy of my daughter Priyadarshini Raykar's flat as she has constructed a staircase to the terrace which is in front of my daughter's bedroom. I approached every concerned authority, the association chairman and secretary, the regional office of the PMC and even the commissioner.Nothing seems to work as probably she has somebody's strong support.The chairman says orally that I can access the terrace and barricade the stairs and even start using it if you want. We won't object. But I just want the woman to barricade the access to the terrace from her house and remove the stairs as it is affecting both my privacy and security. This of course as a compromise as the illegal construction is not getting pulled down
V R SHROFF
(Expert) 14 January 2012
Complaint to PMC, if unauthorized, illegal construction.
Issue Notice to PMC & Your Association, and Then Move Civil Court for injunction, and demolishing structure.
Khaleel Ahmed Mohammed
(Expert) 14 January 2012
You are advised hereby, to file a writ petition before High Court.Contact with your local lawyer.
Raj Kumar Makkad
(Expert) 14 January 2012
As your representation to the PMC has also proved a futile exercise so either go to high court or civil court but prior to that it shall be good to represent to the registrar.
Deepak Nair
(Expert) 14 January 2012
I endorse the views of Mr.Ahmed and Mr.makkad. Better to move High court and file a writ petition.
But before moving to High court, please make some writted communications with PMC so as to prove that PMC failed to take any action even after approaching officially throgh proper channel
Sailesh Kumar Shah
(Expert) 14 January 2012
File RTI Application before Concern Development Authority stating that map has been approved of said constructions?
Some time Rti can make wonder.
You can also go with writ petition as suggested above by ld. experts.
Advocate. Arunagiri
(Expert) 14 January 2012
If the building is approved by the authorities, you can not prosecute that lady.
Shubhangi Raykar
(Querist) 14 January 2012
She had not taken permission from the municipal Corporation. The regional office of the corporation, in response to my repeated complaints pulled down the room she had built in front of my daughter's bedroom and removed the stairs and walled broke down the access to the terrace and she agreed to pull down the work. This was communicated to me orally.A few months down the line she fitted the stairs again gained access to the terrace and built two independent water tanks there. The apartment owners Association supplies water to every flat How she can get a separate connection I do not know.She is bringing changes according to her own sweet will and the association cows down.I thought of filing a suit but the delay in the legal procedure frightens me.So far it is unauthorized.
Devajyoti Barman
(Expert) 14 January 2012
Without proof of violation of Municipal Laws in the state nothing could be done.
So first get than information by any means including RTI application.
Raj Kumar Makkad
(Expert) 14 January 2012
as violation has been made so municipality can also take action subject to your representation and persuation of matter.
Shubhangi Raykar
(Querist) 15 January 2012
The local advocate says a case in the high court will take ages to resolve. In case of the apartment association you cannot move the registrar.
prabhakar singh
(Expert) 16 January 2012
It is surprising response by your advocate.
M/s. Y-not legal services
(Expert) 15 January 2012
