Housing Society Its Illegal Encroachment

Category: Miscellaneous
Date 17-05-2025

Relevant Bye-Laws Provisions (Maharashtra Model Bye-Laws 2024)

Bye-Law No. 165 (A) – Action against Members for Violations

If a member commits any act which is detrimental to the interest of the society, including encroachment, the managing committee can initiate disciplinary action.

Bye-Law No. 169 (A) – Encroachments on Common Areas

No member shall encroach upon or occupy any part of the common area, terrace, open space, stilt/parking space, etc.
If any encroachment is noticed, the society shall issue a notice to the member to remove the encroachment within 15 days.
If the member fails to comply, the society may initiate action under:
- The Maharashtra Co-operative Societies Act, 1960
- Approach the local municipal corporation for enforcement and removal
- Impose penalty charges as decided in the General Body Meeting

Bye-Law No. 169 (A) – Penalties for Unauthorized Construction

Members who carry out unauthorized construction, including enclosing balconies, merging common areas, etc., can be penalized.
The General Body can fix the penalty per month until rectification.

Other Applicable Legal Frameworks

Maharashtra Regional and Town Planning (MRTP) Act, 1966: Allows municipal authorities to demolish illegal structures and prosecute offenders.
Municipal Corporation Building Bye-laws (e.g., TMC/BMC): Define what construction is legal. Anything beyond the approved building plan is illegal.

What the Society Can Do

Serve a Legal Notice to the encroaching member.
Pass a Resolution in the Managing Committee or General Body Meeting.
File a Complaint with the municipal corporation (e.g., Thane Municipal Corporation).
Approach the Registrar of Co-operative Societies for disciplinary action.
File a Civil Suit or Complaint in Cooperative Court for injunction/removal.

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In Maharashtra, under the Model Bye-laws of Co-operative Housing Societies (as prescribed under the Maharashtra Co-operative Societies Act, 1960), there is no specific clause that outright prohibits an individual member from installing a water storage tank within their flat or bathroom. However, there are certain conditions and restrictions that must be adhered to:

Relevant Provisions and Considerations:

1. Structural Safety and Damage

- Model Bye-law No. 46 (b & c): Members must not carry out any structural changes or additions without prior written permission from the society.
- If installation of a tank affects the structural integrity of the flat or building (e.g., excessive load on slabs), the society can object and seek removal.
2. Leakage and Nuisance
- Model Bye-law No. 48(a): Members shall not cause any nuisance or inconvenience to other members. A tank leading to leakage, seepage, or water overflow affecting neighbors can be grounds for objection.
- Repeated complaints can lead to action under this provision.
3. Unauthorized Alterations
- Any plumbing or civil alteration for installing tanks that modifies sanctioned building plans or internal layouts without required permissions may be considered unauthorized.
4. Society’s Internal Rules
- The general body of the society can pass a resolution (subject to legality) to regulate or restrict installation of water tanks inside flats, especially if it is a common problem or safety concern.
- However, such a resolution must not violate individual rights under broader housing laws.
5. Municipal Rules
- If the water tank installation involves external changes (on balconies, windows, etc.), or exceeds permissible plumbing norms, local municipal regulations (e.g., Thane Municipal Corporation) may apply.
What an Owner Should Do:
1. Inform the society in writing about their intent to install a water tank.
2. Ensure no damage or nuisance is caused to other members or common infrastructure.
3. Use certified plumbers and ensure structural safety.
4. Take written permission from the society if required.
The Society Can Object If:
- There are structural risks.
- There’s leakage or nuisance.
- It violates bye-laws or municipal rules.
- It is done without permission and leads to disputes.

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Notice

Date: [__________]

To,
[Name of Member]
[Flat No.],
[Name of Society],
[Address]

Subject: Notice for Illegal Encroachment / Unauthorized Water Tank Installation

Dear Member,

It has come to the notice of the Managing Committee that you have carried out [unauthorized encroachment / installed a water storage tank] in your [flat/balcony/common area] without prior written approval of the society, which is in violation of:

Bye-Law Nos. 165(A), 169(A), 46 and 48 of the Model Bye-laws of Maharashtra,

As well as local municipal norms.

You are hereby requested to remove the said encroachment/tank within 15 days from the date of this notice and submit a written explanation.

Failing which, the society will be compelled to initiate further legal action, including:

Complaint to the Municipal Corporation

Complaint to the Registrar and Co-operative Court

Imposition of penalty as per General Body decision

All consequences and costs arising thereof shall be borne by you.

— Managing Committee
[Name of Society]
[Address]
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Resolution

Resolution No.: ________

Date: ________
Place: Society Office
Meeting Type: Managing Committee / General Body

Subject: Action against Encroachment / Unauthorized Water Tank

It was resolved that Mr./Mrs. [Member Name, Flat No.] has carried out [encroachment / installed a water tank] without the society’s prior written permission, violating Bye-laws and municipal regulations.

Accordingly, the following decisions were taken:

Issue a written notice to the concerned member.

Grant 15 days’ time for removal.

File complaint with Municipal Corporation and Registrar.

If required, approach the Co-operative Court.

General Body reserves the right to levy penalties.

Resolution passed unanimously.

— Chairperson
[Name of Society]
[Signature / Stamp]
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Complaint Letter

(To be sent to TMC / Registrar / Co-operative Court depending on situation)

To,
Executive Engineer / Concerned Authority
[Thane Municipal Corporation / Registrar of Co-operative Societies]
[Address]

Subject: Complaint Regarding Illegal Encroachment / Unauthorized Construction in Housing Society

Respected Sir/Madam,

This is to bring to your attention that Mr./Mrs. [Member Name, Flat No.] in our society has undertaken [encroachment / unauthorized installation] in [terrace / parking / common area], violating society bye-laws and municipal norms.

Despite repeated notices, the member has not rectified the action, and the same poses inconvenience and potential structural risk.

The act is in violation of the MRTP Act, 1966 and local building bye-laws.

We kindly request your office to take necessary legal action and ensure removal of the encroachment.

Thanking you in anticipation.

— Secretary / Chairman
[Name of Society]
[Address & Contact]
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Last updated: 17-05-2025

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Housing Society Its Illegal Encroachment