Proper action against society members who are not complying rules of the society
sudhakar s. yeradkar
(Querist) 14 February 2017
This query is : Resolved
Respected Sir,
We seek your expert advise on below listed issues.
In our Co-operative Housing Society few members have done illegal constructions by encroaching society premises before formation of the society and now they are not agreed to remove the same despite of intimating them in writing.
Two Society members are running business of RESTAURANT & Chinese Foods in their shops situated in the ground floor of the building which creates lot of nuisance to the residents of the society. They have not taken NOC/permission from the society as they are running business prior to formation of the society.
The restaurant owners have not taken requisite permission from the concerned authorities not even they have obtained GUMASTA license from local civic authority.
When we approached them they abused & threatened to the society office bearers of the society.
Please guide enabling us to take appropriate action against them.
Thanking You,
Sudhakar Yeradkar.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 February 2017
1) inform that their structure is illegal
and to remove
2) If fails to do so, report to BMC for demolition
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 February 2017
1) inform that their structure is illegal
and to remove
2) If fails to do so, report to BMC for demolition
Rajendra K Goyal
(Expert) 14 February 2017
Society should issue them notice accordingly.
If no effect, should inform Registrar and Municipality to proceed.
Hemant Agarwal
(Expert) 14 February 2017
1. Subject to availability of "ALL" proper licenses from the Local Civic authorities, the legitimate Shop owners /tenants can conduct "ANY" commercial activity /business (including RESTAURANT & Chinese Foods), WITHOUT taking "any" permission /NOC from the Society.
2. Legal Action can be initiated "ONLY" by the local civic /police authorities, for any "illegitimate" activity and the Society has no jurisdiction "whatsoever" to intercept or object or direct the legitimate Shop owners /tenants, from conduting business, irrespective of whether it is causing nuisance /distrubance to the Society members.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Ms.Usha Kapoor
(Expert) 15 February 2017
Agree with advocate Jeevan Patil and RK.Goyal.
