• Water tank in member flat- Mumbai

I am staying in a society in Mumbai where certain members have done encroachment in the common space as well as installed independent water tanks. Is this legal and how can it be redressed. [deleted]
Asked 6 years ago in Civil Law

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16 Answers

  1. You must complaint to the MC and the MC should take action. 
  2. If the MC of your society fails in it's duty, you have to move the cooperative court against the society and the encroachers. 
  3. My expert legal services are at your disposal. Come to my office by taking appointment. [deleted] ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

No one and even the flat owners of the society have any right to encroach any area of the society premises which is for common use to all.

Now if that is done the Managing Committee can initiate legal proceeding including a civil suit for eviction as well criminal case of trespass against them. 

If the encroachment is done by way of making illegal structure you can lodge complaint with the local Municipality so steps may be taken to demolish the same.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Firstly you should give written complaint to the managing committee of the society.

If managing committee of housing society is not taking action against unauthorized construction or encroachment - you can lodge complaint with your city's municipal corporation for unauthorized construction.

Also, you can complaint to the cooperative deputy registrar who can then direct the society accordingly or appoint an officer to address the issue at hand.

Don't forget to adduce all documentary evidence along with you while complaining. i.e. the written complaint and responses you may have along with photographs.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can file a complaint with Dy. Registrar and municipal corporation

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

It is not legal in society to keep extra independent tanks and further encroachment is not allowed , the society can issue legal notice to the members. Further i they fail society can take legal action in court against such members. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Complain to secretary of society regarding  encroachment done in common space

 

2) if no action is taken by society complain to deputy registrar  against failure of society to take action against encroachments dome on common space and installation of water tanks 

 

3)you can also take legal proceedings before cooperative court in this regard 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Complaint to society committee and if they do not act , complain to registrar.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If the bye laws of the society allows for the same, society can not check it without specific resolution in the AGM. If aggrieved, should complaint to municipal corporation, society and to registrar also.

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

Hi,

You are suggested to file injunction petition in the District court of the area. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

This is totally illegal so make a complaint to the Chairman of the Society and if he don't listen then to the Registrar of the Societies for the purpose.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

This is not legal.

Write an application to the society managing the company. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No it is not legal and any such encroachment can be removed by the society by giving notice to the apartment holders in case you are facing problem and society is not taking any step in this regard then you along with some other like minded people can approach to the registrar of societies and chits and lodge  your complaints in this regard to get the direction for the society to take action in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. You have not mentioned which common are is encroached.

2. Independent water tanks can be installed if there is water scarcity. Water is essential for life, the members cannot be expected to die with thirst. 

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Have you reported that matter to the society, what is their action or reply to your complaint?

If there is no action by the society in this regard then you may forward the complaint to the registrar of cooperative societies for an action and remedy to this.

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Dear Sir,

Get issue a legal notice to those persons and give complaint to the higher authorities of your society.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  1. As per the information mentioned in the present query, makes it clear that the act of the people out there in your area is completely against the public interest and illegal.
  2. You should first write a legal notice to them to remove the same encroachment, if it is possible to serve them all.
  3. Otherwise, you can straight away approach the civil court of law seeking immediate relief for removing the illegal water tanks.
  4. You will definitely get the justice, have faith in our judiciary.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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