• Is it legal to construct garbage room in front of my apartment

Hello,

My apartment association want to convert a storage room in front of my apartment to Dry Waste Collection room. We fear that it will not be maintained properly & hence will cause health hazards.

Our apartment association called for a General Body Meeting & took votes on this issue. Since only a small number of residents are affected by this, most people voted in favour of making the storage room a dry waste collection room.

My questions are:

1. Is it legal to use a room which was storage room to now storage waste if it is not in a sanctioned plan?
2. If the association is bullying their way, what are the legal options available to us?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Sir,

My answers are as follows:

1. Is it legal to use a room which was storage room to now storage waste if it is not in a sanctioned plan?

Ans: It is illegal since its situation is not shown in the sanctioned plan.

2. If the association is bullying their way, what are the legal options available to us?

Ans: You may immediately approach a Civil Court and get a stay order on such construction of storage room.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1)storage room cannot be used to store dry waste

2) you can file suit and seek court orders to restrain storage room being used for storing dry waste

3) you have to challenge the resolution passed in AGM

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

With the consent of all members, it can be used but any affected party can challenge it in court, as indoor garbage storage undoubtedly hazardous to inhabitant.

Even u can complain to Municipal corporation, which has approved the building plan.

First complain to Registrar and no relief than suit for injunction, Positive relief.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. If the construction of such room will cause nuisance and health hazard then you can file a civil suit for permanent injunction.

2. File a civil suit in the court of law for appropriate orders.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The association has the right change it but with majority voting however if you are not happy with it you can challenge the same before the District Registrar.

The District registrar has the authority to hear the matter on serving the notice to the other party and resolve the matter in accordance of Law.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

You send legal notice to stop it citing the convincing reasons and then approach court for injunction orders.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. As long as they do not make any structural changes in the room, this is permissible legally.

2. Send a protest application to the Association requesting them to re-think this decision of theirs.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello sir , they definitely cannot do this at it is not according to lay out plan of the society .. It is advisable to file a suit for permanent injuction against association and obtain a stay order from court for restraining them

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. File Writ Petition before the local State High Court, and pray for removal of the Garbage Storage facility, citing Safety and Health reasons. BEFORE this try to persuade the local Civic authorities to remove the same.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

My questions are:

1. Is it legal to use a room which was storage room to now storage waste if it is not in a sanctioned plan?

If this proposed change for the use of store room to garbage collection room poses health hazard, this may be objected in writing to the association.

The association cannot make bye laws which affects even the few members of the association and is illegal

This may be protested and further legal steps may be taken to stop converting this store room to waste collection room.

2. If the association is bullying their way, what are the legal options available to us?

You can issue a legal notice and after submit an application to local civic body and may also contemplate to file a case in the cooperative court for the reasons you may rely upon.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1) You can make complaint to registrar regarding this issue.

2) And one complaint towards municipal corporation health hazard department.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You have following options:

1. Complain to the local municipal office.

2. You can complain in the development authority for the construction against the approved plan.

3. The Registrar of the society may be approached for the action by the RWA.

4. You may file a civil case for easement in civil court.

5. And above all if a group of apartment owners are affected you may file a PIL in High Court against this construction making RWA, Nagar nigam & the Development authority as respondents.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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