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NITIN2683

unauthorized SHOPS and unauthorized factories running by Society Chairma

Question

NITIN2683

My society Reg. year 1987 As per MBC approved section plan Toilets and shops are cancelled and committee members build unauthorized SHOPS and 0unauthorized factories running by Chairman.

1.    There are umpteen cases of society committee members demolishing or shifting walls and vertical walls to convert SHOPS, shifting toilets, modifying plumbing layouts shifting electric wires layout and even tampering with RCC columns and beams which is not only against sanctioned plan but also dangerous since a wall can be built only a beam and not just anywhere on the slab. A slab is not designed to take the load of a wall.

2.    some resident members was inbuilt urge to encroach on common spaces / open spaces /parking space / niche areas etc., lead to unauthorized alterations, which includes shifting wall and Amalgamating of Shops.  All such unauthorized alterations /changes, in turn culminates into hairline fractures in the Columns, Beams, Pillars, Walls and Floors,  leading to leakage of Water and Air, into the RCC structure, thus reducing the overall life of these buildings

3. In 1989 Society Secretary Complain to BMC on society letter head and 1993 we received reply from BMC they mention on letter there is SHOPS and TOILETS are cancelled as per plan, and order to revers but no action has been taken that time because SHOPS owner have good influance & giving bribe to BMC officer for not take any action againts 0unauthorized SHOPS  

Anyone please tell me how to stop them and now society going for convence but there is no ground floor as per BMC approved plan its creat problems to get convence, now Chairman suggested solution for Deemed Convence, if Deemed Convence approved then Chairman next step is society going for redevelopment and unauthorized SHOPS convert to legalise and all owners get benifits who build SHOPS at society open Space.

I request to forum please help me to solve this issue, so society flats owners get benifit at time of redevelopment, if we are not doing nothing then help me to remove the 0unauthorized SHOPS.

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Prasad GLN

The only remedy is making a written complaint to BMC with such photographs and original sanctioned plans and specifically pointing out deviations, use of property for commercial purpose etc.  Then for waiting for two months and filing writ mandamus before HC.

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Sunil Ahya

First get a photocopy of all the plans and documents of the Society from the Building Proposal department of the BMC by filing a RTI application with the Public Information Officer (PIO), Assistant Engineer, Building Proposal Department, XX Ward, BMC.

Kindly download a draft RTI application attached to this post.

You will need to file such a RTI application with the concerned Municipal Ward applicable to your locality. Kindly refer to the following link for address of your ward: https://rtiindia.org/blogs/entry/2177-municipal-wards-of-mumbai/

RTI_for_Municipal_Plans_Maharashtra.docx

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Prasad GLN

Only if there is an intention to bring a logical ending to entire issue once for all till writ, then only step into RTI.  Otherwise spending amount and money only for getting such copies is a futile exercise.

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