• Harassment of municipality people (MBMC) and society committee me

Dear Sir

Shyam upvan building was constructed in 2003 nearby to dahisar check naka . We purchased ground floor flat in Shyam upvan building in 2004. Alt that time adjacent area to our flat was mandatory to buy( being a protection to ground floor flat )along with flat value on additional cash payment to builder. Reason behind forcefully paying cash to builder without giving second thought was to keep our family safe from wild animals and reptiles and considering the fact of lots of incidences heard from people surrounding. Builder had not issued any proof nor documentation for that payment.

13 years back paying 1 and 2 lakh rupees was not that easy , We have saved our hard earn money to buy this area which was forcefully sold by builder to us. Today without any concern society members are against us 

Later on few senior members of our building took initiation and formed society. Now after 13 years of residing in this premises. Few members of society are sending letter to Municipality stating that the adjacent protection area is illegal and are harassing we all ground floor flat owners to demolish the safety wall given to us by builder.

This all incidence started because adjacent to society builder has his land on which he wants to develop so after 13 years he is taking interest in getting OC to our society which involves his personal profit where few society members are involved with him.

Secondly without intimating many times municipality had come to demolish the compound wall without any prior notice or intimation. We have done all documentation work but we have not received any response from Municipality. As they are bribed by these people.

Today (16/03/2017) demolish of safety wall has taken place without any Notice or intimation with the help of Local politician and municipality People (MBMC) and Local Police also private security bouncers

Being educated we are not supporting any illegal work but society in the name of getting OC is intentionally harassing our ground floor flat owners.

If municipality considers our safety walls as illegal then not only that lot of things around are illegal in the society premises which is unnoticed

We being small in number society is harassing us mentally with all slang languages and words. We need your support to resolve our issue

Sanjay Pawar
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1) builder could not have sold adjacent area to ground floor flat owners as it forms part of common area for benefit of all members

2) in addition you dont have any documentary evidence of sale of additional area to you

3) all payments were made in cash

4) safety wall is illegal

5) no OC would be issued if any illegal construction has taken place

6) if any unauthorised construction has been done by building residents you can also complain to muncipal corporation against them

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Before demolition notice is required to be issued by BMC

2) if no notice had been issued demolition by BMC is illegal

3) file RTI application with BMC as to on what basis demolition was done by BMC

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

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