You can approach co-operative court or directly high court in writ petition
I am owner of a ground floor flat in mumbai. The society premises get flooded during heavy rains. The ground height has already been raised once. But since the height of the road keeps increasing every few years, all the rain water gets accumulated in our society. The society has now further decided to increase the society ground level by one feet. Our problem is that, the distance between the ground level and our ground floor flat window will be reduced to just 4 feet. This will cause privacy and security issues. Can we bring a stay order, restraining the society from carrying out this activity ? which court can we approach? Under which sections, we can put forth our case ?
What you have described here, is a dispute between you and your cooperative housing society. You must move the cooperative court to redress your grievence against your society.
I'm prepared to handle your case. I require an exhaustive consultation session with you first, to discuss with you the prognosis of the remedy. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.
1. A civil suit can be filed for restraining the Society from raising the ground level of the society's property, citing hygiene, privacy & security issues. HOWEVER this would not solve the water flooding problem.
2. The Society can use a de-flooding pump to flush out water and even make few soak-pits at strategic locations in the society grounds, with the help of an architect.
you can file application in cooperative court seek injunction restraining society from increasing ground height
2)you have to challenge resolution passed in AGM for increasing ground level height
You have to approach co operative society court against the resolution passed by Committee, Court will grant stay.
Suit will file under provisions of Code of Civil Procedure , CPC.
It seems that you are going to file the case on your own. Sir, hire a good civil lawyer who will listen to your problem and get the stay. It is a suit for permanent injunction restraining the society from increasing the ground level in the interest of justice. Hurry, don't wait failing which it would complicate the matter legally. Prima facie you have a good case and there is every likelihood to win the case or alternatively a permanent solution to the problem.
Work order has already been issued by the society to the contractor. Work has started on the chemical water proofing of the building. However, work on increasing the ground level has not yet started. Will it affect our case ?
if you are not getting any problem with this work then no need to file any case. but if society approved plan to increase ground level then you should approach before court of law and apply for injunction restraining order.
Nops, on the contrary this is right stage to obtain stay being most affected party and balance of convenience also lies in your favor.
Any delay from your side would affect your case. Don't waste time. Go to the advocate today itself and get stay tomorrow. On Monday, it would too late and by then they would get the needful done and you would keep taking advice on Kanoon.
No it won't effect your case; but you have to act fast man. You must file the petition in cooperative court before the work of raising the ground level starts... Else you will have to plead for restoring the ground level back, and such work takes time.
I have already given you my number. So seek appointment with me immediately
Hi
Bringing a stay order is not a big issue. Court will give it in absence of opposite party but when they appear and contest, the chances are, the stay will be removed.
Civil court within the jurisdiction of which your address falls will be the court before which you need to file.
Under Order XXXIX Rule 1 & 2 CPC, this will be taken care by your Advocate.
NOTE:
- Stay will not be given if the purpose against which it is obtained causes loss / hardship to others.
- Case on hand, it is causing hardship to occupants of the Society, more particularly you are directly affected.
- Beware !
1. if the road level is above the ground level of the society, then the society has an option to match its ground level with that of the road
2. another option will be to install water pumps to pump the water out of the society premises
3. but either of the above two are not permanent solutions
4. even after matching the society ground level with that of the road, the BMC may again raise the road level and the society will have to follow suit in which event the distance between your window and the society ground level will keep on decreasing
5. so you will need to file a dispute case in the co-operative court against the society and the BMC
The decision to raise the ground level by the society is done after a resolution passed in the general meeting.
Your reasons that your privacy will be affected by this act of the society may not be acceptable by court and your petition for injunction may not be entertained.
Instead you initiate legal action step by step by first issuing a legal notice to the society expressing your objection to the proposed raise in the ground level and collect their reply rejecting your demand to stop the proposed repair work, after that you may approach court with an injunction suit seeking to restrain the society from going ahead with their proposed repair work.
This may sometimes bring some effective result.
You were advised to initiate steps as suggested, if you keep asking questions without getting into any action action then you will be stranded without any remedy and there wont be any use in approaching court as the opposite party may state that they have already started the project which was witnessed by you hence due to some personal vendetta you have approached court and get your petition dismissed
Yes you can file case for permanent injunction against Society and contractor for stopping the work of increasing ground level of society.
You should approach the court of your civil judge of your area. Meet a local advocate he will tell you exactly about the jurisdiction of court and also file your case.