LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nskarkhanis (homemaker)     26 April 2012

Balcony enclousre

hi

i have a purchased a property on 7th floor of a bldg. with a balcony attached to the living room. however the balcony has a deck style .i.e. open from 2 sides. it has a railing with glass, on the edge of the balcony. there have been cases where the glass of the balcony has fallen down. luckily nobody has been injured till date.

i have 2 very young children (aged 3 yrs and 3 mnths). so i had taken permission from the society to allow me to put a grill around the balcony with a shade on top (sunroof) for safety reasons.  this will in no way encroach on anybodys property. they denied the permission saying it spoils the aesthetics of the building. i tried reasoning with them that it was only for the safety of my children. bit they r adamant and wont budge. infact i have been told that a legal notice will be sent if i try to do anything.

so inspite of having a balcony i can hardly use it for fear that something untoward might happen to my children.

also they wont allow us to have the sunroof. as we have balconies on alternate floors, there have been lot of problems with the people on floor above us watering the plants and dirting our balcony.

is the society in any way allowed to send us a legal notice. and what can be done to allow us to put up the grill in our balcony.

thanx



Learning

 17 Replies

Anish Thakur 7018812737 (advocate)     27 April 2012

dear

send a application regarding this concern mentioning all details to the local sub dividional magistrate (SDM),send copy to collector,divisional commisoner and also send a complain against the society to registrar society regsitration and copy to the divisional commisioner.

pradeep (na)     27 April 2012

Definetely it will spoil the asthetics of the building and you should not do any modification unless the society members agrees for it. If really it's a safety issue, many other residents would also have similar problems. So try to push your points unitedly with others for positive outcome. "There have been lot of problems with the people on floor above us watering the plants and dirting our balcony." To solve this point, make friendship with the residents of upper floor, explain your problem and convince them not to do such thing. Advise them to put a plate below flower pots to retain excess water, put less water and save water. Alternatively, put a written coplaint to the same society for discussion in their meetings.

nskarkhanis (homemaker)     27 April 2012

yes i agree the aesthetics will be spoilt, but if u read carefully the glass structure with the railing isnt exactly a safe one with incidents of the glass falling down. so does aesthetics matter over the safety of people?? moreover it is not at all any modification, just putting a grill around the balcony. WE HAVE BEEN ALLOWED TO DO THE SAME FOR OTHER WINDOWS...... BUT FOR SOME REASON WE CANNOT TOUCH THE BALCONY...... THEN WHAT ABOUT THE AESTHETICS AT THAT TIME??

about the plants problem... umpteen number of requests have gone unheeded. and dsnt dirty, muddy water leaking from the flower pots destruct the structure of the building??

shailendra kumar (retired govt servant)     27 April 2012

the society cannot obstruct your safe use of the property which is exclusively yours. Basic principal is that the common areas and services  is what society is constituted  for , not for your private area or private affairs. .Structures as rain shade ,sun shade etc are normal temporary ones and fully authorised . you don't need anyones permission to save yourself from rain or sun or garbage thrown on your head by upper floors, or to protect your children. the society seems to be run by some group of conceited individuals who unnecessarily harass people for their ego trips. it is interpreting rules with malafide intent. you give a seven days notice notice to the society that you are putting a grill for safety of your children and to protect yourself from muck being thrown in your balcony from higher floors, and in case society has a common design for maintaining aesthetics , you will go ahead with your own for making it . and then just go ahead . it's your private balcony and not a common area.

Murali Mohan (Asst.Manager)     27 April 2012

I FULLY ENDORSE THE VIEWS EXPRESSED BY Mr.SHAILENDRA KUMAR..

MOHAN ncm

rETIRED EXECUTIVE OF A NATINALISED BANK

HYDERABAD

JANAK RAJ VATSA (ADVOCATE)     27 April 2012

dear friend, each RWA has bye-laws governing all aspects of the admin in the society premises. there is an elected managing committee to look after the day to day running of the society. in addition there is an AGM where all the association members gather and take decisions which effect the society and its residents. i feel that you should apply inwriting to the MC regarding this issue and request for its inclusion in the agenda for discusssion. in case you do not find any favourable decision in the MC meeting and the proposed modification is not in contravention of the bye-laws of the society, then you may approach the District Registrar of Society for necessary actioin in the matter.

Gopakumar K V (Executive)     30 April 2012

Safety is your fundemental right and you can make the safety measures without trespassing others right

Contact Mr.Adv Venkatram Sr.Adv Consumer Affairs

vtvenkataram@gmail.com

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 April 2012

1.  Balcony is outside the purview of FSI and is classified as Open Space, hence cannot be enclosed or grilled or whatever.


2.  In Mumbai under the BMC Act, it would be "illegal and unauthorised" to enclose or grill or put an roof over the balcony and is punishable with Fine and Imprisonment for violation of the MRTP Act and the MMC Act.  However it could still be done citing genuine reaons, if the BMC grants permission and payment of appropriate fine.


Check out this : https://soundcloud.com/jebypatel/90-8-radio-broadcast-housing


Keep Smiling .... Hemant Agarwal

shailendra kumar (retired govt servant)     01 May 2012

what is stated at para 2 above by shri agarwal neds to be checked as it appears self contradictory. an act cannot be condoned by just paying fine if it is illegal. acts are passed by the legislatures and can be changed either by the legislaure only or by the high or supreme court if it is bad in law or in violation of the constitution or such contingencies.

para 2 in effect says that by paying fine illegal acts can be made legal by lower authorities like BMC which is not rational at all . illegal acts remain illegal. probably more than 90 percent of flat owners , even 'govt offices/accomodation' and govt buildings their  owners or occupiers would be in jail if the enclosing of balconies is illegal. but i have never heard anyone jailed till date in last few decades or being sent to jail for covering the balcony , obviously it must be legal.

balcony may be open space but it still is private space and society has say only in shared spaces and not private spaces.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 May 2012

1.  u/s 342 of BMC Act,  BMC has authority to grant permission to fix Grills etc.... after paying prescribed fine / penalty and regularise the same.


2.  u/s 347 (c) BMC Act, the corporation can file prosecution for fixing illegal grills and recover fines ranging from 5000 to 25000, per offence
.


Keep Smiling .... Hemant Agarwal

shailendra kumar (retired govt servant)     04 May 2012

thanks for bringing to notice the act. that's what is desirable for knowledge.

theory is good but now some practical ideas.

i got fixed as a grill a  moulded aluminium jali inside the glass in my balcony and no ones permission is required. (connected waves type pattern)

for sun roof you can fix extendable sun roof , it costs only 15 to 18000 for about i think 8 feet by 10 and looks appealing. the kind fixed by many shops which they extend during day time and retract it . again no ones permission is required.

other balconies can be covered by folding sideways grill which many have put in mumbai and it is opened when u are at home and closed when going out . again no ones permission required as it is not a fixture.

yet u can lock your balconey for safety when required or at night or when leaving the house for work.

remember people have already got practical solutions.

and i wish people will share it on this forum rather then wasting life and time in applications and unnecessary paper work  with corrupt corporation employees and  stupid society office bearers.

upendra (Scientist)     23 May 2014

Sir, I'm facing same problem in Pune. Here society gave me written permission to install grills+shed to my attached ,pvt. Terrace but one of flat member complained in Pradhikaran office , in turn office issued me notice to remove the same. I submitted reply alongwith copies of society NOC, D.C. Rules of BMC, DDA,PCMC ,PMC which clearly states that the structure is permissible with only society NOC . Still pradhikaran's demolition incharge not accepted and threatened to demolish .Now i approached CEO who has to take the decision. But if he gives in negative i had no option but to remove it. Also alongwith my letter I handed over 500 photoes showing such structures and requested CEO to ascertain rule , b'cause installing safety grills is now a days routine requirement .Only some mischievous fellows complain and harass .

Rajendra J (Service)     02 February 2015

Hi,

 

Need your help in understanding the legal provision with respect to covering of balconies with Safety grills. Couple of days back our society chairman has been called by Corporation official based the application made by the person who does not belong to Society (neither owner nor tenant), saying encroachment by flat owners by covering balconies and giving bad look to the building. My queries are :

> Whether any person (rah chalata) can make such application to corporation

> The partial completion have been awarded by corporation in 2010 whereas before that most of the safety grill installation was exists.

> Society is formed in 2014 March, First off all he was not willing to issue a notice saying that you can get it removed if we issue a notice it may create some hassal. Can society receive such notice from Corporation.

> Though simultaneously official has mentioned that there 66000 illegal constructions (as per court order) to be demolished in answered to this i told him that if you feel ours is also illegal in your opinion pls add it next to 66000.  

> Pls help me with understanding the legal provision and what reply we should give if we receive such notice based on unknown applicants.

 

Thanks for your reply.

Avinash   05 October 2015

I am from Pune and would need your advice on installing gills in private balcony of my home. In one of the balconies I have installed grills for safety purpose and not for any kind of encrouchment. Before doing so, I asked for written permission from society managing committee. Society secretary gave verbal permission for installing grills and told me that written permission is not required. After few days they sent me a notice asking to remove these grills since I do not have written permission and threatened to complain to civil authorities and also impose fines. Can you please advise what steps I should take in this case. Removing these grills will be a big monetary loss and a threat to safety. But I do not wish to get any legal trouble. So shall I remove these grills? Can society impose fine for this? If they complain to Municipal Corporation then what actions will they take? I would be really grateful for your advice. Thanks so much!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query