• Alteration to the structure of the building

Im currently residing in Pune and am under PCMC. The person below staying below our flat has unauthorisedly constructed shed and covered common utility place. He hasnt taken any approval from the society. Also he has created a shed to cover his terrace when the society was not formed. That time also he hadnt taken any approval from the builder. Now by creating a shed in his terrace he has already tampered the uniformity of the design of the building. By drilling holes in the building outer wall he has damaged the common wall. On being confronted by the society manager to stop the work, the owner refused to stop the work and continued damaging the common wall.
What action can the society initiate against the person and how is it possible to make the owner get rid of the structure to maintain the uniformity of the building. Also can the owner be penalised if he has carried out the work without the permission of the society.
Thanking you
Asked 6 years ago in Property Law
Religion: Hindu

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6 Answers

1) file complaint against said flat owner before municipal corporation 

 

2) mention that unauthorised construction has been done without society permission 

 

3) municipal corporation would demolish unauthorised construction

 

4) if no action is taken file suit seek court orders to demolish the unauhorised construction  

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Society can barred the entrance of raw material and workers. And for material alteration on common wall and encroaching common area, can issue notice and impose penalty till not vacated. Barred him from use of common facilities, recreation, attending meetings, voting right etc.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. Society should send legal notice to that person for stopping the renovation work or he will have to face penalty for same. 

2. Even after legal notice he refuse to stop the work society can file suit to restrain his renovation work and claim penalty for damage caused to wall of building.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

A complaint with the local civic body which is the competent authority for this can be made in writing by the society to take action against this illegal construction. 

Alternately the society can approach civil court with a suit for mandatory injunction to remove the illegally constructed structure. 

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

you can initiate the process of taking action by lodging complaints with Municipal Corporation

you can file a suit in the civil court against the person who has raised the illegal construction in premises. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

You can complaint to corporation for the same of not done you can approach high court for direction

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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