Ground floor room extended & building comm premises captured

This query is : Resolved 
 

(Querist)
04 February 2019

Dear Experts,
In Mumbai based coop society G+3,50+ yrs old society, one ground floor room arrogant member illegally extended/constructed unauthorized construction or encroachment his flat 6 feet ahead of his balcony & beyond structure of building more than 25 years back & common space premises in front of his flat is also captured by installing fencing & not allowing members to use/enter common building premise. Even small childrens not allowed to play in captured common premises, they fight with parents

for this unauthorized construction or encroachment
what action society or other members can take against this member ?
how much fine/charges can be levied on extended structure ? rs.5000 or maintenance * 5 times per month
can additional charges/fine on fencing also be charged other than encroachment ?
if society want to demolish that 6 feet additional construction, what is remedy ?
where can members make complaint other than society ? like BMC/police/registrar ?
please guide,

Thanks in advance


Dr J C VashistaOnline (Expert)
05 February 2019

Refer to the Bye-Laws of the Society, MCS Act & Rules, which do not allow any encroachment in common area.
Managing Committee of the Society has to stop such activity.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.

Sanjay (Querist)
05 February 2019

Thanks Vashist Sir,
can any other member send letter to managing committee to recover charges for encroachment / unauthorized constriction done by that member & take necessary action ?

KISHAN DUTT RETD JUDGEOnline (Expert)
05 February 2019

Dear Sir,
Apart from lodging complaints with different authorities try for filing a civil case seeking interim relief of temporary injunction against the said persons.

Please mark “LIKE” if satisfied by my answer.

P. Venu Online (Expert)
05 February 2019

25 years back?! Has the matter ever been discussed in the Managing Committee Or the General Body? If so, what has been the outcome?

Dr J C VashistaOnline (Expert)
06 February 2019

Any member of the Society can approach MC.



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