• Tree plantation in society premises

Hello,

I leave in a co-operative society of 5 buildings.In a space adjacent to our parking , between border wall , one of member of society has planted his personal trees. Is it legal to plant trees in such a way? What to do in case society chairman/secretory is not taking actions against this?
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

Hello

Plantation cannot be done arbitrarily and that too in a parking as the trees canno tg be removed once they grow up.file a complaint against the person before the registrar of cooperative society in case your flat society chairman is not responding.

Regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Sir trees cannot be planted in the common area of society without the permission of the society and further under forest act once they grow they cannot be removed.

If the society authority fails to take action against said person file a complaint with registrar of socities.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Common area cannot put to use for personnel use. He can do plantation in the garden or his is owned portion.

Complain to chairman/secretory in written, if no action, complain to registrar.

You can also request to remove the chairmen on " Motion of No Confidence" by 1/3rds members of the committee.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) personal trees planted are for benfit of all members

2) since tress have been planted on society property the trees would be property of society and not the planter

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

without permission of society he cannot do anything in parking area, You can make an complaint with society about this issue.

If your complaint is not accepted by ther Secretary when you give it in person, then send it to the Seretary by Registered AD (not by courier or speed post).

If registered AD is not accepted by the secretary, then your letter will come back to you.

Take photo copy of returned letter cover, with a copy of your complaint to the secretary, write a complaint to your Deputy Registrar.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As i said, you can complain to registrar or finally suit in co operative society court, definite relief.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) You can make complaints against whole body including chairman and Secretary to Registrar of Society.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

So there is a conflict of interest involved here. The other society members must be apprised of the situation an dif they do not proceed accordingly then file a complaint against the chairman befor ethe registrar cooperative society.

Regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Sir file a complaint against the chairman with registrar for abusing the power as a chairman and without due approvals and taking consent of members in the meeting.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

trees cannot be planted in parking slot allotted to you

2) issue legal notice to said person to remove trees planted in your parking slot

3) raise issue in MC meeting

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If the parking is allotted parking you can tell him to back at your parking but in case it is a common parking and anybody can park then you may not ask him to vacate.

Flower trees planted in common area can not be personal.

In case of any problem from chairman/secretary you may complaint to registrar of the societies along with other residents who are in support.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. It is not legal as this cannot be done without the consent of the executive body of the society.

2. Police cannot take any action against him as the dispute is entirely civil in nature.

3. You should firstly serve a lawyer's notice to him and then file a civil suit for permanent injunction against the chairman.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Any Tree planted by ANYBODY in the Society premises (or any public place) becomes the property of the Society (or Govt.) and does not become the property of the person who planted it.

2. IF the Tree is dangerous or likely to cause harm, THEN anybody can move an application to the local Civic body, to remove it.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hello,

if it is the common place then plants can be grown in the said area but not for the personal use. Also, a resolution for the same has to be passed by the CoM.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

No individual can do such personal activities in the common space to which all the members are having rights.

Even the society, despite being the owner of all such common areas, cannot take an independent decision to undertake such activities on its own, it has to get a resolution passed through a general meeting to perform such tasks.

You may give a notice to the society about this and ask the society to take action to remove such unauthorised plants, failing which you may lodge a complaint with the local civic body about this and follow it up till you get a result.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

the person who has planted these trees him self is society chairman.These are flower trees for eg. hibiscus. He has done so because he was using our parking without our permission in our absence and when we came to this place we requested him to remove his vehicles as had our own vehicles to park.

He is a member first and then only the chairman of the society, hence action can be taken against him by the society as a body being represented by all the members.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This is my response to you:

1. Complain to the secretary and the manager;

2. If issues still persist then raise this matter before AGM or the society meeting;

3. If still the issues are pending then approach Registrar with a formal complaint;

4. Approaching small causes court is last option, but it should not come to this;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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