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unauthorized SHOPS and unauthorized factories running by Society Chairma


NITIN2683

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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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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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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.

Thank you Sir for your valuable reply


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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

Thank you Sir for your valuable reply & sharing details


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Prasad GLN

Please post further developments and success story for information and knowledge of other members who may face similar situation and they will be benefited through your experience.

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NITIN2683

Sir, BMC is not giving me my letter reply and BMC has inform shopkeepers about this unauthorised complaint, all shopkeepers are prepare for this, so they remove there shades & rooftops patra etc.and now they are collecting Rs.15 Lakh for each shopkeepers for legalise this shops.

Kindly do the needful

Thanks And Regards,

Nitin Shah


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Prasad GLN

File RTI Application and seek information on action taken on your complaint and enclose latest photographs also.  Escalate this upto SIC.  You can search for JP Shah's blog for suitable RTI format of applications on action  taken on complaint.  Please inform whether there is any progress and development after your complaint or not.

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NITIN2683

Thanks Sir for giving me direct link and ready solution [emoji1317]


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