Sir, myself Shrinivs. I am am staying in Mumbai. My question is regarding use of Terrace (isolated) in a co op Housing society. Ours is a 40 years old society. 3 years back we have got a new building constructed under Re-Development Scheme. My flat is on the First floor at one end of the building. Before starting re-development work the builder and society submitted plan to BMC and got it approved and the construction work started. Meanwhile in connivance with the Managing Committee, the builder submitted revised plan showing one additional Shop for him and got it approved. As per the said plan the builder was to build a shop cum office at the end (adjacent to my flat on the First floor) of our society building. As shown in the said plan the roof of the said shop was to be slanted one. However the said roof was constructed as FLAT TERRACE type. Since the said shop is adjacent to my flat, the terrace (having 3 feet wall at three sides and our building's outer wall at 4th side) of the same is coming exactly opposite my bathroom and bedroom. My bathroom window opens on the said terrace. Meantime Society's MC fixed a iron ladder to said terrace from outside to bring the said terrace under their use. But I objected as my bathroom window is opening on the same and our security and privacy came on stake. Thereafter the said ladder was removed. The members staying on the upper floors throws many rubbish things and waste from their bathroom window on the said terrace. Since there is no way to go and clean the terrace, I had met the said builder and also to our Managing committee explaining them the situation but they did not show any interest. As a result I have to suffer from dirty smell of this waste and it has proved dangerous to our health also. There fore I have decided to make a permanent door from my bed room to this terrace for cleaning purpose. Kindly give your legal opinion on whether I can do so? Can I bring the said terrace under our permanent use? Are there any legal aspects and formalities I have to fulfill? Thanks.....................
