Legal Question in Real Estate Law in India

Hi ! i stay in mumbai ! recent one of the society member complained to BMC about the alteration inside my house. We had converted out kitchen to a room and for that they have complained to BMC. this change has been for 15 years .

BMC has issued us section 53(1) of maharashtra regional and town planning act 1966 and told us to redo the kitchen into same old thing within 30 days !

I would like to know what can be done to avoid the redo of house ?

What should i do as i got 30 days time to either redo the house.

your ans

Dear Sir / Madam,

Major structural alterations like demolishing internal walls which will hamper the life of the building are not permitted. If you have done it, the BMC is right in asking you to restore it back to the original plan and you will have to abide by the law.

Regards,

Sir there was no problem for past 15 years form the same people. Now as i am the Secretary of the Building and the building is planned for the Re-development the person is harsing me so that i bow down to him and select his builder . Which i dont wanna do . Same people Were staying back and now same people have complained in BMC because i didnt agree to there Redevelopment Builder.For past 15 years the never complained and now they keep finding issues to disturb us and now this new one .

About the aleration and converting there was no major change to the room no Main wall was shifted or changed expect the room was converted. All the BIM were untouched.

Is there any provsion for me to claim saying that for past 15 years the people had no issue with it and now how come suddenly ? the aleration was done 15 years back

Regards ,

Rahul


Asked on 5/08/13, 7:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.05.2013

Dear Rahul,

You should reply to the BMC notice saying that you have not demolished any wall, beam or pillar inside the room and have dismantled the kitchen platform. It is only that the room is being used as a bedroom, instead of being used as the kitchen. Yes, you will state that the Society did not object to it for the past 15 years and are raking up the issue now which is totally unjust and unfair. If you had taken the Society's permission at the time of carrying out the change, also mention that in your reply to the BMC.

Regards,

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Answered on 5/08/13, 7:18 am


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