Notice under section 53(1)

Harshit (Querist) 15 March 2020 This query is : Resolved
Hi, We have been staying in a building that is made in 1978, and we done some renovation work in our house around 20 years back, wherein we converted our kitchen in bedroom. Due to some personal reason, someone has filed a complaint in the bmc, and we have received a notice under section 53(1) to restore it to original state.. The society however has no objection to the alterations.

Wanted to know,
1) If we can regularize, the flat as it is by taking permission from BMC.

2) is there any way out of this notice, other than restore the flat to original condition...

Thanks

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A homeowner has received a notice under Section 53(1) from the BMC to restore their property to its original state after converting a kitchen to a bedroom 20 years ago. Despite the society's no objection, they are seeking advice on regularising the changes with BMC permission or finding an alternative to the restoration order. The advice suggests applying for regularisation of the structural changes and replying to the notice, ideally with the help of a lawyer experienced in such matters, as demolition is unlikely for internal alterations made long ago.

Raj Kumar Makkad (Expert) 16 March 2020
1. Yes.

2. Reply the said notice by engaging a prudent lawyer who has handle the issue perfectly in the light of the facts, you avail him. There are no chance of demolition if the internal structure only has been changed a long back.

T. Kalaiselvan, Advocate (Expert) 17 March 2020
1. You can apply for regularisation of the structural changes made long ago from the authorities concerned.
2. Since you have been served with a legal notice, it becomes your duty to issue a reply notice, hence you may contact an advocate in the local and issue a reply notice suitably.

Rajendra K Goyal (Expert) 17 March 2020
You asked:
1) If we can regularize, the flat as it is by taking permission from BMC.
Reply:
You can proceed.

You asked:
2) is there any way out of this notice, other than restore the flat to original condition...
Reply:
Reply the Notice at your own, if you have knowledge of all Rules and Regulations otherwise, get the reply drafted through your lawyer.

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