Hi, it is an offence under environmental act .. You can complaint to the BMC or can file a case in the court against the society
Destroying of garden and medicine plants in the society without BMC permission
What is the section and law if society committee destroy two big gardens in Co op HSG society without BMC permission. And what is the action to be taken in this case and what is the procedure. By which law and section.
Asked 8 years ago in Property Law
Religion: Hindu
7 Answers
There is no certain law and section. If the society has committed any wrong than you can write a letter to the BMC for their immediate action. If the BMC find it illegal then they will take proper action.
Hope my reply helps you.
Respected sir...
If someone did this you can file an FIR against such person under section 425 of IPC which states that. Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.
Thanku
Please elaborate your question and explain whether the garden destroyed/demolished by the Society, falls within the society, i.e., is within the CGHS or it belonged to a private party?
Moreover, has some construction been erected on the demolished garden?
1) garden forms part of.common area for benefit of all members
2) it has been built as per sanctioned plans ofBMC
3) if society has destroyed these gardens file complaint against society before the BMC for destruction of the gardens
4) complaint to deputy registrar and seek appointment of administrator for the society as society has destroyed 2 gardens in the complex
There happens to be no specific law
However if the garden (common area) has been destroyed file complaint against the society before the BMC and pray for the damages to be recovered from the officials of the society and pray for appointment of administrator.
Regards
If you are concerned with the issue, you may approach the local civic authorities along with a group of like minded members with an application explaining the problem and seek their intervention to stop the further damage to the medicinal plants being destroyed.
You could have raised this issue in the society itself or summon for an urgent meeting to solve this issue.
