I live in a Gated community. I was the first one to book in the community and paid a premium for corner house with a plan of Tennis court across my home. I took Possession and then had to go abroad. When I came back after many years to my surprise and chagrin , there was Garbage Room created right opposite my house at 50 feet with concrete and all communities Garbage is being stored and processed along with Composting. The stench , Flies and unhealthiness is very bad. This was not in the plan and it has really impacted Quality of Living. The moment I open my front door , I see a Garbage room full of Garbage. I requested the association and they refuse to shift it saying the Builder handed over that room. Builder is not interested and says that I should work with association. That structure is not in the approved plan also. Value of my property and my neighbour's property has gone down. He is not able to Rent or sell for 1 year. What is the Legal Remedy I have ?
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File complaint against society before consumer forum and seek orders to direct society to shift garbage room constructed contrary to sanctioned plans
2) take the plea that inspite of repeated reminders society is refusing to shift garbage room and that stench is unbearable
You need to contact the corporation for the same and if not done approach high court under writ petition
First you verify from the plan approved for this gated community and confirm that this structure now surfaced is an illegal construction and the same do not find place in the approved plan.
Next thing is that you collect the details about the damages that this garbage storage is causing to you including the health issues, pollution and other vital issues your peaceful enjoyment of your property and document them as evidence in your suit for mandatory injunction which you may have to file against the association to remove the garbage storage from its place and to restrain the association to install any such other hazardous items that may spoil or obstruct your peaceful living in the gated community.
Before that you may have to first issue a legal notice to the association on the same lines and give them a time to clear/demolish the same and remove the illegal structures, failing to comply with the demands made in the legal action, you may resort to legal course of action as suggested.
- As per rule , the society shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- Further, no structure of any kind whatsoever temporary or permanent shall be erected or fence/partition put up on any common area that may obstruct, or impede free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats
- Hence , the said construction of garbage shed in the Common Area by the society is itself is against the rule of Society Act , and further not taking the consent from the flat owner , whose peaceful life being disturbed is also illegal.
- You can lodge your complaint with the Registrar of Society.
1. File petition before local Civil Court by involving the Association, Builder and the Municipal dept., and request for "Demolition Orders" for the illegal & unauthorized structure that is not mentioned in the sanctioned Plans. No other simpler remedy.
Keep Smiling .... Hemant Agarwal
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First. lodge a written complaint with the local municipality or corporation and ask them to clear the garbage and demolish the structure forthwith. Simultaneously, take up the issue with the State Health Dept. Also, send legal notices to the promoter and the association giving them a deadline. If there is no response from the government authorities, you may ask them under the RTI Act about the action taken on your complaint. If no response from the promoter or the association, file a suit at the proper court.
Hi, First you have to issue legal Notice to the association that Association will direct the members to stop the use of Garbage space, inspite of the Notice, if they continue, then you need to file a Civil Suit, restraining them to use that particular space for garbage.
Send a few letters to the Association for removal/relocation of this garbage room. Mark copy of these letter/representation to the District Administration as well.
If these letters fail to solve your problem and nobody takes the cognizance of it, approach the High Court with a writ petition.
Dear Client,
As per the issue, section 268 and 290 of IPC and violation of right to clean environment under the ambit of right to life guaranteed under article 21 of the Constitution of India will be applicable in this case. An complaint at the nearest police station describing the same issues might be helpful.
Thanks & Regards
Dear Sir,
You may get issue a strong legal notice and thereafter approach the Civil Court by filing a suit for mandatory injunction to remove such garbage room which creates nuisance to you.
