Bombay High Court Directs Maharashtra Govt To Frame Guidelines On Apartment Balcony Enclosures, Internal Flat Alterations

Observing that now-a-days flat owners often carry out some alterations to cover open terraces or modify their rooms, the Bombay High Court recently ordered the Maharashtra Government to come up with comprehensive guidelines specifying which kind of alterations in individual flats or buildings are permissible. The High Court has also asked the State to come up with some online portal so that citizens can simply upload documents relating to their proposed alterations and permissions can be granted by the civic authorities, at the earliest. A division bench of Justice Ajay Gadkari and Justice Kamal Khata was hearing a petition filed by one Ravindra Kini, who had highlighted the large-scale alterations done by one of his neighbours, who under the garb of renovation work, erected permanent shade in the balcony by constructing brick and masonry walls and covered the terraces with tin sheets, thereby enclosing the open terraces appurtenant to his flat, extended the bedroom by breaking the partition walls, without obtaining permission from the concerned authorities. The petitioner argued that these alterations not only caused nuisance owing to the use of heavy construction equipment but also harmed the structural stability of the building. Despite Kini's complaint to the building's managing society and the Panvel Municipal Corporation (PMC) no major action was as such initiated against the said neighbour.The judges noted that the open-to-sky terraces, as originally constructed by the developer, have been unauthorisedly enclosed by the neighbour and held that the continued existence of such unauthorised constructions cannot be countenanced and deserved to be removed forthwith."In the present day, flat owners commonly install protective grills, lightweight sheds or coverings over open terraces, or alter partition walls with wooden or gypsum sheets depending upon their individual requirements. These alterations may be carried out after obtaining occupation certificate (OC). But when carried out prior to the obtaining of OC the builder is unable to obtain the OC, giving rise to litigation with the builder. There appears to be no clear or readily accessible and economical procedure governing the grant of permission for such works. In the absence of clear guidelines and an inexpensive and accessible procedure for obtaining permission, citizens often take the easier course of carrying out alterations without approaching the Municipal Corporation. This cannot and does not justify the illegality, but it highlights the need for a transparent and workable regulatory mechanism," the bench held in the order passed on July 13.The judges, therefore ordered the Maharashtra Government to come up with some regulatory framework, specifying what kind of or nature of alterations can be carried out and which ones cannot. "The State must, therefore, consider formulating a clear regulatory framework specifying the nature of alterations that may carried out within individual flats and buildings without formal permission from the local Authority. Such a framework assumes importance because, given the large- scale of development within the State, it may not always be practically possible for Municipal Corporations to continuously supervise every minor or necessarily required alteration. The regulatory framework must distinguish between alterations, which do not affect the structural stability or safety of the building and alterations capable of structurally weakening the building, endangering its occupants," the judges ordered. The bench further said that the procedures presently followed by Municipal Corporations also require reconsideration as the applications are ordinarily required to be submitted online through Architects and the professional and procedural expenses involved in making such applications may in some cases, be disproportionate to the nature or cost of the alterations proposed and particularly of minor nature. This may be the cause that compel individuals from seeking prior permission, although it cannot excuse non- compliance with the law, the bench opined."The law must operate equally against all persons. Unless and until an appropriate regulatory framework is introduced, every construction or alteration carried out without the permission required by the existing law must be dealt with in accordance with law. The State must therefore, consider issuing appropriate directions or guidelines to all Municipal Corporations specifying the nature of alterations permissible including installation of protective grills and lightweight coverings over open terraces or spaces, amalgamation or division of areas by wooden or gypsum or such other permissible lightweight material, change or reallocation of utility areas that may be permissible. Such clarity is necessary to encourage citizens to abide with the law and avoid widespread uncertainty and the possibility of administrative or law-and-order difficulties across the State," the...

Bombay High Court Directs Maharashtra Govt To Frame Guidelines On Apartment Balcony Enclosures, Internal Flat Alterations

Narsi Benwal

Flat owners commonly install grills, sheds and alter partition walls, Court noted.

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Narsi Benwal

Bombay High Court Directs Maharashtra Govt To Frame Guidelines On Apartment Balcony Enclosures, Internal Flat Alterations

Narsi Benwal

Flat owners commonly install grills, sheds and alter partition walls, Court noted.

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INR 1099+GST

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Narsi Benwal

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