SUKHSHANTI CO-OP HOUSING SOCIETY LTD. Vs. NISHANT M. MAHIMTURA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks the following prayers.

(2.) The Petitioner is a Society situated at Peddar Road, an elite location in Mumbai. They complained to Respondent Nos.3 and 4 (BMC) that it's member the Respondent Nos. 1 and 2 - owners of flat No. 2 (on the ground floor) have amalgamated the adjoining flat No.1A owned by a deceased member Dr. L Soneji. The illegalities they complained of were, that the Respondent Nos. 1 and 2 had (i) affixed a door usurping the common area leading to the two flats, (ii) installed a mild steel shutter to create an access of the flat to the main road and most importantly (iii) demolished the dividing walls of the flats endangering the structural stability of the building.

(3.) The Respondent Nos.1 and 2 retained their changes despite requests and written communications by the Society. Though called upon, the Respondent Nos.1 and 2 failed to produce the BMC permissions for the changes effected and their legal right to flat 1A. Following Society's complaints, the BMC merely issued 3 notices warning the Respondent Nos.1 and 2 but failed to restore the flats to its original position. Concerned about the structural stability of their building, having waited for a considerable period of 18 months, the Society was compelled to file this Petition.