Installation of lift in an existing apartment falling under maharashtra state co-op housing society
pravinnavamoney
(Querist) 09 February 2015
This query is : Resolved
Dear Learned Friends,
What is the Liability of a Managing Committee of an Residential Building registered under the Maharashtra State Co-operative Societies Act in the below case.
The Residential Building is a 3o year old structure. The Managing Committee had passed a resolution for installation of lift in the premises. Which was approved by at the Extra Ordinary General Meeting of Members. Structural Engineer was appointed to conduct an audit of structure and the report was submitted to Mumbai Municipal Corporation (MMC). The MMC based on the report granted license (Noc) for lift erection.
The lift Shaft construction work stated. While digging on the inside of the building for creation of shaft it was observed that there is a beam in that place. The structural engineer is thinking of removing the beam by constructing alternative support and go ahead with the shaft creation and subsequent lift installation. What if the building collapses due the structural alteration?
Who is responsible?
Please support with Section no. of applicable Law and Case Laws if any.
Professionally Yours,
CS Pravin
P. Venu
(Expert) 10 February 2015
The issue involved technical than legal. the installation the lift needs to be carried out without any damage to the building and its structure.
ajay sethi
(Expert) 10 February 2015
the structural engineer and MC both would be responsible . MC should no give permission for removal of beam .
Rajendra K Goyal
(Expert) 11 February 2015
If due to removal of the beam there exists threaten of collapse, move to court for stay, if plan for proper alternate not prepared and approved.
Kishor Mehta
(Expert) 11 February 2015
Sir,
It will be practical to take a second and a third opinion from experts before commencing the removal of the beam, it is useless to decide on resposibility when there is a possibility of the loss of property and life, nobody can compensate for these losses.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate
(Expert) 12 February 2015
As advised by experts, you may go for second and further opinions by some experts for such technical issues instead of lamenting over the debacle at a later stage or playing a blame game without arriving at any remedy.
Hemant Agarwal
(Expert) 10 September 2015
1. For removal of "ANY" Beam /Column /Pillar, due procedure of law, has to be mandatorily followed under the BMC Act and the MRTP Act, the Fire Act. Failing which all the Flat-Owners, alongwith the Society Committee, the Contractor and the Engineer can be prosecuted in a Criminal Court, EVEN if the building has not suffered damage.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
