• Illegal construction of toilet at parking area within the society

Can anyone guide me on the construction of public toilets in tilt parking area of society is legal or not without prior notice to resident owner having parking lot next to it were illegal construction taking place.
Society members have given permission to construct toilets without asking approval of the residents of that wing's.
Asked 4 years ago in Civil Law

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16 Answers

Complain to muncipal corporation against illegal construction of toilet in parking slot

2) parking slot is meant for car parking and not for construction of toilets

3) if no action is taken by muncipal corporation file suit and seek orders for demolition of toilet in parking slot

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

There can be no construction in the parking area, also there is no construction alteration of building plans allowed kindly approach municipal corporation as this is unauthorised and illegal.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Any construction being carried out has to be approved from the local municipal office, and if the there is permission alloted by them then it will be taken as legal otherwise its illegal. Ask the society to produce a construction permission of municipality

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Hello sir , parking is a common area and a builder or RWA cannot alter or raise construction against the lay out plan of a society .. You should file civil suit for permanent injuction and obtain stay order from court to restrain the construction.. You can contact me for further doubts

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hi, the current owner can vote in the condominium voting

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) first owner can attend AGM and vote provided first owner has authorised him in writing to do so in his absence

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

No construction is permissible in the stilt floor, not even a partition wall. That's because stilt parking is a common space in the society and the same cannot be encroached.

Society has illegally encroached this common area and erected contributions thereupon.

Send them a letter calling upon to demolish the illegal structure and restore the original position.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

Your question itself has answer in it. It is illegal. You must approach all the appropriate authorities including the Civil Court then there are chances of winning.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The current owner shall vote in the society.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can straight away challenge it as it violates their right fundamental right of living without any public engeferance.

It can be done at High Court under the Writ of Mandamus for directions to the concerned authority to not to construct, and then make society also the party as the area is for whole society members if it has to be given then even one divert vote can make a difference.

You can contact me through Kanoon I can tell you the further procedure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. No constructions of permanent nature is allowed in any premises without the sanctioning of the building permit by the local authority or the Municipality. S first check on that account.

2. Refer to the deed and bye laws of the society. if the area is earmarked solely for the purpose of stilt parking only then no other constructions is permissible.

3. Only of there was prevision for sch constructions in the sanctioned building plan of the society then and then only it can be built subsequent and not otherwise.

4. So the members can file a suit for injunction or lodge complaint with the registrar for issuance of ' stop work' notice. The Municipality can also be informed of this illegal stricture.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

As per the apartment act the second owner have no authority to vote in a jointly owned flat. But there are some decisions of the High Courts in this regard that the second owner may contest and vote as well.

The RWA have powers to take decisions for welfare of the society and construction of toilet may be done as this is not a policy decision.

The approval of the AGM is needed for the matters of great interest and making big effect or change.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Any construction which is being done against the sanctioned plan of the Society is bad in the eyes of law and such construction is liable to be demolished.

In case any such construction is started then approach the authority who has issued the OC

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Second owner can not vote due to unavailablity

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Construction of toilet in the space allotted to car parking is deviation from the approved plan and can be illegal and liable to be demolished.

The association cannot indulge into such illegal activity even if ther was a resolution passed in the general meeting.

The residents/members can protest and object to such illegal structures.

You hav an option to either to issue notice to the association for stop any such construction which is violating the approved plan of the apartments especially violating the car parking space or to lodge a complaint with the local civic body about this illegal structure proposed to be constructed or can approach civil court with a suit for mandatory injunction against the society .

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Can a second owner vote in AGM of society due to the unavailability of first owner in an condominium society

Voting power of the members will be found in the bye law of the society, you can go through because some association allow and some dont.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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