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meera arora   12 September 2024

Sra society dispute

I am a resident of an SRA (Slum Rehabilitation Authority) building in Mumbai. A few months ago, I decided to install a sliding window in the passage just outside my flat. While I was doing this, no one—neither the society members nor the committee—raised any objections, so I assumed it was permissible. The passage was underutilized, and the sliding window gave me better privacy and protection from dust. However, just a few days ago, I received a formal letter from the society committee stating that I needed to remove the sliding window as it was not allowed. I was confused, as no one had mentioned any issues while I was installing it. After some investigation, I found out that my neighbor had complained, claiming that my window was blocking her ventilation and causing discomfort.

Now I am facing a dilemma. I genuinely didn’t mean to cause any harm, and no one initially objected, but I don’t want to create conflict with my neighbor. Can the society legally force me to remove the sliding window? What are my rights in this situation, considering no one objected during installation, but a complaint was made afterward? How can I address the ventilation issue while maintaining my need for privacy?



 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 September 2024

A dispute with your society regarding a sliding window installation! Let's break down the key points: 1. _Society's powers_: Check your society's by-laws and rules to understand their authority in such matters. 2. _No objection during installation_: Since no one objected during installation, it may be considered a tacit approval. 3. _Complaint made afterward_: The society may still raise concerns, but you have a valid argument since no objections were raised earlier. 4. _Your rights_: - You have the right to make alterations within your property, as long as they don't violate any laws or by-laws. - You also have the right to privacy, which is essential to consider. 5. _Addressing ventilation issues_: - Explore alternative solutions that meet both ventilation and privacy needs, such as: - Installing vents or grilles - Using glass or acrylic blocks for natural light - Implementing other creative solutions 6. _Negotiation and mediation_: - Try to resolve the issue amicably with the society - Offer compromises, like installing a different type of window or adding privacy screens 7. _Legal action (if necessary)_: - If the society still insists on removal, seek legal advice to understand your options - Prepare to argue your case, highlighting the lack of initial objections and your legitimate need for privacy Remember to stay calm, communicate effectively, and seek professional help if needed. Good luck resolving the dispute!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 September 2024

We do not know the exact nature of your action and its physical consequences. The area outside of your flat is common area. Does the installation of your sliding window would amount to encroach upon the common area or in restricting others from using the area? You should have taken prior permission of the society. The society can ask you to remove the sliding window.

P. Venu (Advocate)     13 September 2024

Is it really the case that the new installation is causing inconvenience to the alleged complainant? Is there any lawful authority vested with the Committee to interfere in such issues?


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