Legal Question in Administrative Law in India

penalty by housing society

I have made an extra window on the dead wall in my room as part of renovation work in jan/2007.now on of the person who is staying in the society but not a member of the society have made some objection that I also can make a window like that.but society is not giving him permission to do that.and society has issued me a notice by stating to close down your window.and has passed a resolution in this effect and penalising me rs.25000/=.long back one of the member has made an extra door on the ground floor but society has not issued notice.Can i go in the court against the society.I have replied the society stating that i have not done anything wrong nor broken any rules & regulation of the society not even touch any RCC structures while doing the renovation works.Can a society issue such a notice to me stating that you have made an extra windwo without permission of the society.I made the window in JAN/2007.from that date no objection was raised by the society.Nor any communication from the society.In our area many others sectors members has made an extra such type of window.in our society some members are having some extended windwos (original restructure without written permission of the society) please guide me in this regard


Asked on 3/01/09, 12:41 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: penalty by housing society

You may not be able to object to the process of law enforcement on the ground that similar action has not been taken against other violators.

If your actions has contravened bye-laws or rules, the society may enforce direct you to rectify your mistake by passing appropriate orders / resolutions.

It may be better for you to settle the matter amicably or else follow the resolution passed by the society.

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Answered on 3/01/09, 1:04 pm


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