LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

TAMOJIT CHAKRABORTY   14 January 2019

Temporary store room on terrace(prepare by metro sheet)

Dear Lawyers, Good evening, My name is Tamojit Chakraborty and i live in Sohna road , Gurgaon. I own a builder's flat on terrace floor with roof rights, i am facing a big problem, i have built a small temporary store room on my roof - not pukka; but today the RWA team broke my store room and threatened not to build any room. Now i wanted to know what all are my legal rights ??? As they are saying that I dont have roof rights for even the temporary construction. . Do I have to go MCG and take their permission first for a temp store room construction ??? Please advice me properly with the right so that i can go ahead and ask for compensation of the damage that they have caused. Thanks in advance.


 3 Replies

G.L.N. Prasad (Retired employee.)     15 January 2019

First get the facts on record and build evidence.  File RTI Application seeking information as follows:

Subject on which information is sought: Demolition of temporary shed used as storeroom .  Property situated at Door No.............., Assessment No...........located at...............................................(Full address)

Information solicited:

1. Please provide me the copy of the powers vested with RWA for such demolition without issuing a notice to owner.

2. Please provide copies of entire material documents on record available such as a report on such construction, orders by a superior authority, action taken orders (Entire file) with such office notes signatures showing the names of officials involved.

3. Please provide copy of rules/orders/directives that state the procedure for seeking permission for construction of a temporary shed on a roof.  If there is no such stipulation, provide a copy of the rule that places a bar on such temporary constructions on a roof.

P. Venu (Advocate)     15 January 2019

What is RWA? Is it a public body? What are the powers vested with it? Was a showcause notice given?

TAMOJIT CHAKRABORTY   15 January 2019

Thank you for your prompt response. RWA is ' Resident Welfare Association' elected for the society. As per the information receive, they have broken our temporary construction,  with the suggestion of fire safety. No showcause was given. Can we then do damage claim?

Please advise if there is any legal definition of temporary structure?

 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register