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illegal construction of permanent shed(balcony open terrace)


Dear All,

Greetings!

While researching online I came accross our fantastic website. I have a query and am unable to find an answer. I did search the forum before posting this topic but I keep getting a SQL database error hence posting a new topic.

Mods if a similar topic exists please merge it.

Our flat has a great look from our windows and balcony which had influenced our decision to buy this flat.

Issue - The occupant(also the owner) of a Flat located exactly below my flat has constructed a permanent shed in the open balcony terrace.

 

This is causing following concerns -

1. My flat is loosing the mentioned view from the Window which is above his balcony. Its loosing the view as is was provided by the builder during and prior to the flat purchase.

2. It has hampered my decision of investing money in a flat which shows garden and amenity view from my Window.

3. It has disturbed the view from my window, as we will now have to continuously see a dirty shed with dust and bird dirt and other neusences which may occur.

4. It will breach our privacy as and when the occupant attempts to clean the shed providing an inside view of my house from within the window.

5. It is also compromising the safety of my flat in case his home is broke open by thieves.

 

As soon as we came to know about elevation bars being added to his balcony to construct a shed, we did inform him not to do so, as we have equal right of air, view and safety and overall appearance of the house structure from inside and oustite which would get hampered with this attempt. But this didnt help and still the occupant went ahead with shed construction.

The flat owners arguement so far has been as below -

1. We all are like family and we should come to each others rescue when need arises, so why to spoil relations over this issue.(Isnt this Moral blackmailing/threat?)

2. They experience issues during rains, of water coming in their house even though they have the sliding glass door provided by default.(I did inform them there is a solution to this, however a shed is not a solution). I dont buy this arguement as I have a similar balcony terrace at the adjacent side of the elevation.

 

The Society is registered. But its not completely yet handed over by the builder as some flats still remain to be sold, hence builder being responsible for any such things happening as far as I am aware.

 

So far what we attempted to resolve this -

1. Verbally tried to inform the occupant that its illegal and we have an objection.(When the elevation bars were added by him)

2. Submitted a written letter to the site office, builders office to stop the occupant from constructing the shed and remove the elevation bar immediately.(This again at the time when just the elevation bars were added).

 

Action taken by builder -

1. A letter sent to the flat owner via speed post informing to remove the elevation bar as its illegal.(This again when just the elevation bar were present)

 

Information provided by the accused after the shed has been constructed -

1. They never received the letter sent by the builder.

2. Site officer permitted to go ahead with the shed construction.(Site officer denies this.)

 

I have approached the municipality. They say, if I give a complain of this flat owner, they would not only remove his shed, but everyone elses in the society, who have constructed the sheds. This puts me in a fix as this would anger other flat owners although the issue is between my flat and accused owners flat. I assume this is the advantage taken by the accused to show the guts to construct the shed.

However Municipal officer gave following suggestion -

1. Inform the society via a written letter to ask the accused to remove the shed.(How will this make sense since the society would always favour the accused looking at a larger picture of others who have constructed the shed, and another question that arises that the society is not yet completely handed over by the builder as some flats are still not sold and we have already given a written complain to the builder)

2. If the accused doesnt listen lodge a fauzdari case against him.(I think this means criminal case, and not sure how it will help)

 

I have time and again noticed, why do we Indians dont have regards for others interests and just think about self. This is adding so much of stress looking at how corrupt our legal system(from daily news via newspaper and TV) is which makes me feel will there ever be a peacefull solution coming if I go the legal way and courts protecting my interest.

A person buys a flat with so much of hard work and hard earned money and this is what we get, scant regard for our law and legal system.

Dear experts, advisers and well wishers I need to get rid of this shed and need your advise.

Is there a way I can bypass this ire of Municipality of breaking other flat owners shed if any(saving my relations with them as I also need to stay there) and instead approach the court for help in this regard which would then just direct the accused to remove the shed?

 

Thanks in Advance!

Regards,

True Man.

 
Reply   
 

1. File a SPECIFIC complaint of encroachment with the relevant Ward office of the Municipal Corporation.

2. Simultaneously file an RTI with the same for getting the proces of illegal construction activity.

3. It would help to file an FIR on the subject of Nuisance and blockage of ventilation and light by this illegal activity in the local police station.

4. Consult a good lawyer specializing in property related issues

Orson

 
Reply   
 



Hello Sir,

I am facing exactly the same issue wherein flat resider below has constructed a permanet shed on his balcony and I am also having all the problems that you have listed above including major one that my view gets blocked.

Could you please let me know, whether were you able to solve this issue, and how did you tackle this problem.

Regards,

Thanks in advance!

 
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