Our CHS in Mumbai was constructed in 1961 has a compound and two gates to the same and is in very good condition. Both the gates were kept open till December 2021 for cars to enter and exit as well from Fire Safety point of view. A new Managing Committee is now in place. They have proposed to close one gate and make a parking space in its place. I am concerned with this as in case of any emergency like fire etc. it is advisable to have both gates open. Need advise whether this is illegal as per per provisions of Mumbai Municipal Act , Fire Safety Act , Development Control Rules etc. If this is not legal what action can be taken?
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parking of cars is to be done only in the parking slots allotted by the society
society cannot close main gate and allot it for parking slot
if society refuses to listen to reason approach cooperative court and obtain stay against resolution passed by mnaging committee for closure of one main gate
The CHS cannot close one of the gates of the complex on its own without a resolution being passed in an emergency or general body meeting of the association.
Besides it is a common area hence the owners of the apartment can raise their concern about this before registrar of cooperative society if the CHS is ignoring the concerns of the members.
You need to give exit to fire Brigade people during emergency. There is no specific provision for the same but you can complaint to dy registrar, BMC and fire authorities if there is obstruction
What is the width of each gate?
need to see the actual image before commenting further
prima facie if the gate is for ingress and egress then the pathway leading from the gate cannot be converted into a parking space even if there is a resolution passed by a majority vote
Dear Client,
Parking areas are designated in the site plan and only those can be used for parking no one can close the main gate and use the said area for parking. You can send a legal notice if they refuse to listen, you file for a stay order before the concerned court.
Thank you
