You can complain to registrar against decision of society of converting garden into playing area resulting in destruction of shrubs
2) if no action is taken approach cooperative court for necessary reliefs
Destruction of lawn/water harvesting system and shrubs in a housing scoiety
Dear Sir/Ma'am, I own an apartment in Mira Road , Thane Rural district of Maharashtra, I purchased this apartment in resale and one of the primary reasons in choosing the said apartment was that it was Garden facing. 1. The Lawn is also the part of the water harvesting system . which s mandatory now for all housing societies' and provides the residents relief w.r.t water supply. 2. The committee had spent a substantial amount of money to redevelop the lawn and we bore the fruits of the water harvesting, especially during the monsoons 3. During the recent AGM in September 2021 it was opened up to all residents as a play area ( earlier restricted to only small children. As such with adults and older children playing games such as football cricket, volleyball etc the lawn and the shrubs forming the hedge have been completely destroyed at times willfully by some residents to ensure it is converted into a playing field My question is that whilst I have no objections to the said area being used for play can the committee turn a blind eye to such destruction of society property, more so that it is a part of a mandated water harvesting system. If the committee continues to ignore my complaint's on this what options do I as a resident have, does this come under the preview of the local forest department/municipal council/sub-registrars office. Kindly advise
Asked 3 years ago in Consumer Law
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6 Answers
If the lawn is mandated as a water harvesting system in your housing society, lodge your objection in writing with the committee and get an acknowledgement. If there is no response, raise the issue at the general body meeting after ensuring adequate support of fellow residents. You may also lodge a written complaint with the local administration - municipality.
The lawn area is not a play field.
If you go through the approved plan, this space would have been allotted for the purpose of law alone hence cannot be converted into ply field.
If this is being used as a play field then it is a misuse.\
As an apartment owner and member of the association you have rights in the common areas as other members have.
You can raise your concern i writing to the association president/secretary and may even call for an emergency or extra meeting of the association to discuss this matter keeping it as agenda for the meeting and express your concern about the destruction done to the lawns as wells as water harvesting scheme.
If the association is not ready or willing to address yor concern then you can approach the competent authority with a complaint in this regard and request the authorities to intervene and instruct the association to take necessary steps to prevent the misuse of the lawns and other common areas by some vested interests.
You can approach to Dy registrar in the said matter and jf same is not resolved file writ Petition in high court for the same
Hi, you need to make a complaint before the Committee only and if they not respond to you in a appropriate way then you need to raise an issue in the AGM.
- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, since RWA is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.
- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the RWA for the occasion.
- Further, the Registrar of Societies is bound to take action against the errant RWA on a legitimate complaint.
- Further, any person or society , who fells a tree for any reasons , can be punished with imprisonment which may extend to one year or with fine which may extend to Rs. 1,000 or both.
- Hence, you can file a complaint before the Registrar against that proposal of society and if no response then you can also file a compliant before the police as well for cutting the trees for the said reasons.
