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Yogesh Kumar Gupta   25 September 2021

Encroachment on open land in society

Does chs mc has powers to remove illegal construction after giving notice



 12 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 September 2021

No. It has to complain in RERA.

Yogesh Kumar Gupta   26 September 2021

Society is in Thane, maharastra. Municipal Corporation has no objection if we demolish illegal construction ourselves. Does mcs act 1960 gives power to society to demolish

Dr. J C Vashista (Advocate and Legal Consultant)     26 September 2021

The managing committee of CHS is competent to remove any illegal construction or encroachment in the premises.

G.L.N. Prasad (Retired employee.)     26 September 2021

If you are aggrieved and feel that it is injustice you can bring injunction against demolition from the competent court. Contact a local advocate with the notice you have received and reply given to the CHS.

Kishor Mehta (CEO)     26 September 2021

A CHS has no legal authority either to demolish or remove an illegal encroachment, it is the duty of the Municipal authorities to carry out demolition of illegal encrachment. Society has to request the Municipal authorities or approach the Hon. Court for the demolition and/or removal of the illegal encroachment.

Yogesh Kumar Gupta   26 September 2021

Can you give us ruling no giving powers to chs mc in mcs act 1960. As chairman we need clarification to avoid any complication. Municipal Corporation is not removing encroachment as they are hand in gloves with encroacher. They have given a letter that if we remove it they have no objection.

P. Venu (Advocate)     26 September 2021

Who are the encroachers? Why the encroachment? Please post complete facts.

Kishor Mehta (CEO)     26 September 2021

Your query is incomplete, whether the encroachment is proved illegal, how could anybody encroach upon the society property ? However the power to order demolition of any illegal encroachment rests entirely with Municipal and/or Court authorities only, CHS can not demolish any illegal encroachment. If the Municipal Corporation is not removing the illegal structure then you can always approach the Hon. Court.

Yogesh Kumar Gupta   27 September 2021

Municipal corporation has given a letter confirming that the said construction is illegal and they have no objection if society remove the same by themselves.

Nayan Medhi (RD)     28 September 2021

plz approach legal authority 

thanks.

P. Venu (Advocate)     28 September 2021

What prevents you from posting material facts?

Yogesh Kumar Gupta   28 September 2021

This is a bldg of four flats.  Two flats are owned by one person and another two by other person. The bldg has a compound wall and a main gate and one fire exit. The same was built by owners illegally. One owners has given consent to remove wall. It's not approved by municipal Corporation.All four sides open land belong to society. Now society wants to remove boundary wall and a tin shed constructed on open land. Municipal Corporation has given a letter to CHS that its a illegal construction and they have no objection if chs removes it. Dy registrat has also directed the society to remove it. Encroacher has posted goons and have put a lock on main gate. Can CHS committee demolish the wall. 


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