• Tree pruning/removal/maintenance

Hello Sir
My aged parents(85 years) live in a Coop Housing Society which has 140 members in Chembur. Their flat is on the 1st floor. The resident on the ground floor has planted trees that have grown very tall and after multiple letters to the Society chairman, there is no reply or action. Trees have grown tall and not maintained/pruned. In December 2020 I wrote an email to Councillor147 but I have not heard any reply ([deleted]). Due to current conditions my father is unable to travel. What can we do to resolve the situation. Any guidance would be appreciated. 
Thank you 
Sanjay
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

- As per rule, a Housing Society is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organising events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.

- Further, as per law, an housing society should follow that: 

1. Senior Citizen should remain integrated in society and participate actively in the formulation of policies which effect their well-being.

2. Senior Citizen should have access to health care to help them maintain the optimum level of physical, mental and emotional well being.

3. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society.

4. Senior Citizen should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.

- If the association is not adopting these laws, then he should report the Secretary/registrar of the society.

-  Hence, your parents being senior citizens , can also lodge a written complaint under the Senior citizen Act as well,  if the society is implementing unfriendly rules which are creating hardship to senior citizens. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

- As i mentioned above i.e. before the Secretary/management committee

- If no response, then forward that compliant to the Registrar of the Society 

- Further, your parents can also send that compliant to the DM or Higher police official of their jurisdiction under the Senior Citizen Act. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

Complain to assistant commissioner muncipal corporation  of your ward that trees need pruning as they may fall due to poor maintenance 

 

 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

apply to the BMC online to get trees trimmed.

visit bmc website in this regard 

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

A written complaint should be filed against the society and its chairman making of these parties as the office bearers are not doing anything.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Give a representation ti the society office bearers and if they do not respond then file a complaint with the municipal corporation.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

If you have given written complaint to society secretary and chairman, and still your problem is not sorted yet than, you can make a written complaint to 

  • SRO of co-operative housing society
  • Registrar of  ------do-----------
  • Assist Commissioner of Co-op society
  • Commissioner of cooperative societies
  • Ministry of cooperative society

You have to keep all above authorities in To and society body in cc.

 

Ganesh Kadam
Advocate, Pune
12995 Answers
263 Consultations

Cutting down tree involves two agencies of government, in your case three including society. Cutting/pruning tree without permission of Forest Department is offence under Indian Forest Act, 1927. You have to first obtain permission from Forest Officer Mumbai region on the ground of tree likely to cause  danger lives and then make a representation to BMC and intimate the same to society. Only after that trees can be cut/pruned.  

Ravi Shinde
Advocate, Hyderabad
4288 Answers
42 Consultations

File a case before the Magistrate under section 133 crpc. 

Devajyoti Barman
Advocate, Kolkata
23287 Answers
519 Consultations

Hi, you have to file a Police Complaint. Inspite of the same, if the police has not taken any action, then you have to approach the Civil Court.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

You send a legal notice to the society to do the needful or else to face the legal consequences. 

Subsequently you may approach the local civic body for relief and remedy. 

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

He may have to file a written complaint with the local civic body. 

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

Dear sir/ma'am,

initially you are required to send them a legal notice via an Advocate.

if things are not further looked after, a civil case can be filed against the society.

 

 

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

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