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Richard Levi   07 May 2020

Tin shed and safety grill

I live in Goregaon, Mumbai. I live in 2nd floor, there is a podium under my flat, the concrete roof of the podium extends outside my window of the hall and it creates a balcony like space. Members from top floor throw all kinds of garbage and it gets accumulated in front of my window. I complained a number of times to the secretary and committee members about this issue, garbage was never cleaned, after months of follow up, they allowed me to put up a temporary shade and a grill on that roof so that litter doesn't happen in front of my window and there is no further security issue of anyone climbing and entering my home. The permission was oral permission. I took 2 weeks to put a tin roof and the grill and no one stopped me during that time and a number of committee members came and checked to see the work and were good and ok with it. A few months later new secretary was appointed and he has been harassing me and my family and telling us to remove the roof and grill. He was also a member in the previous committee and he was aware of when we were putting the tin roof and grill. We explained to him about the littering, the health concerns and safety issue and yet his response is that we should face them as we brought a flat on the lower floor. He is also threatening me and my family with BMC complain, society notice and fines. We cannot access or use the above-mentioned area as there is a 5-foot wall that blocks the passage and the only reason we added the shed was to prevent the littering in front of our home and the grill is for safety. Kindly suggest if I can get permission from BMC for tin shed and grill permanently as I am not using the area and its only for protection from littering and rainwater. I have read some news article on BMC'S DCPR of 2034 which allows BMC to give permission to current owners of flats for a permanent shed of tin roof for the rain, sun and dirt protection, and some other articles and reports on the same.  Please do reply on how to get this permission from BMC and the procedure of it.  I really need help here.


 2 Replies

Dr J C Vashista (Advocate)     08 May 2020

You have already posted same query earlier as mentioned below. 

Tin shade and grill Property Law 25 April 2020

Tin roof and grill in front of flat window Property Law 16 April 2020

Tin roof and grill in front of flat window Property Law 13 April 2020

Repitition of same story is absurd and ridiculous, which do not change opinion / advise..

If you are dissatisfied with obligation of experts, it is advisable to consult a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding. 

G.L.N. Prasad (Retired employee.)     08 May 2020

It is time for the moderator/administrator to step into his duty and delete such posts or disqualify such members and also to display in the query format that repeated queries on the same issue are against the discipline of the forum.  This query is not new and this member is not alone resorting and it has become a practice with many members to post the same issue again and again.  Hence something should be done to curtail this bad practice.

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