• Chain around stilt car parking

Sir,
My society who owns the stilt car parking have put chains around the wall.of car parking and some of them has planted pole exactly in line with the corner of ceiling for grabbing area and chain them all with lock. In couple of AGM Meetings this was told to them as this is not safe when evacuation needed due to any reason buy they are very adamond and not ready to accept the decision. I would like to know as per fire and safety is there any section which prevents such act and if so kindly give your insight. And is there any section in civil law which bank drag them to legal proceedings. Thankyou for kind suggestion.
Asked 4 years ago in Civil Law

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9 Answers

If any resolution has been passed calling upon society to remove the chains and society has failed to do so file suit in cooperative court and seek orders to direct society to remove the chains around silt car parking slot and poles placed in the slot

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Any thing which can create obstacle during emergency situation is against the fire and safety norms. You can complain to fire and safety department in writing.

If society is formed then you can even approach co-operative court or can give complaint to registrar of societies along with fire and safety department.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You can give application to fire and safety department to check the premises and if they find it risky or obstacle in emergency situation then they themselves will order its removal.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Resolution passed in AGM is binding upon members

2) issue legal notice to members who have violated resolution passed by AGM to remove chains forthwith failing which penalty would be imposed upon the said members

3) also take legal proceedings as advised herein above

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Firslty, as I may be able to understand as to what my fellow seniors have adviced you to do.

Secondly, but, it seems that still people are so adamant to comply the same.

Thirdly, I now advice you to without wasting any time write the representation to the all concerned authorities like fire etc.

Fourthly, then wait for few days, and straight away file a Writ of Mandamus before the the Hin’ble High court for seeking removal of the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. You can make a complaint to the municipal corporation;

2. You can also approach the police station and file a formal complaint;

3. You can also complain to the Registrar about the ongoing disputes in the society;

4. If there is severe violation then you can file a Writ Petition in the High Court;

5. Take legal help and start from the basics, Send a legal notice.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If such acts are illegal and you consider them as inconvenience to others or neighbor, you may gather like minded and affected people to your side and raise this issue in the next meeting.

If you dont get any respite or solution to the problem, yo may approach the cooperative court or the local municipality to check and remove this illegal structures or activities.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Society has passed resolution but people are very stubborn and threatening that we have asked Fire and Safety officer and they said chains are no where illegal and parking in passage is illegal and fire people will not take any action on people who chained their stilt parking saying this is for our vehicle safety though society has already installed cameras all around and watchman is there 24x7. Is there any supporting document I can get to take this to EGM body and share to ask them to take action, if yes can you please share the same.

In my opinion, your claim about this may not find acknowledgment in law.

There is nothing wrong in one securing his car and space for parking his car from being encroached.

If ther is a gross violation then this may be brought to the notice of the municipal authorities

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

if the chains installed in the stilt park area come in the way of exit of residents of the society building then this would be a violation of fire safety rules

write to fire department with pictures and request to take necessary action or give directions to society to ensure proper accessibility to society building in case of any mishap

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

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