Advocate Swapnil Harihar Patil

Questions Answered by Advocate Swapnil Harihar Patil

Q: Can farmer transfer his land into NA land in any state in India?

Legal farmer can transfer his agriculture land into NA land in Maharashtra Or all over India?

Advocate Swapnil Harihar Patil answered
yes, Any agricultural land can converted in to Non-agricultural land in maharashtra or all over india. you can apply to District Collector for the same. Non-agricultural land permission will get in 1) residential 2) Commercial 3) Industrial.

Q: Coop Society members Enclosing common Area Of Society

I am a member since 1977 of a row house bunglow socity in Juhu. The society started about 1971. It has a main dividing road and as per original plans, had a 10 ft wide green patch between the main road and the front houses facing the road.After a few years, the front bunglows enclosed this green area within their bunglows and gradually most have also concretised it. These are the influential members also. This has now also created huge car parking problems. The question is whether i have any reasonably effective remedy even though such a long time has elapsed. I am ready to pay a reasonable consultation charge if useful. Pl advise.

Advocate Swapnil Harihar Patil answered
The common area of the society cannot be appropriated by member/s for the sake of their own benefits sans other members of the society. Even if concretisation is done on the recreation area belonging to the society, still such members cannot claim exclusivity to the recreation area.Please pass appropriate GBR against the encroachment and take actions against such members . the society can file a suit for injunction in Cooperative court u/s 91 of mcs act for getting the recreation area back.

Q: Can we file complaint against restaurant creating pollution

A restaurant has put kitchen chimney in building compound since 15-20 years through which black smoke is thrown in open. This is an heritage old pagdi building in Mumbai. Till now the tenants were not United. Now all the tenants are united. Landlord is saying it is there since so many years. Legally what can the tenants do?. Can we file a legal complaint against the restaurant?

Advocate Swapnil Harihar Patil answered
for the said chimney restaurant must have Chief fire officer NOC for his Restaurant. first you can check whether restaurant having proper license. just like 1) shop and establishment lic. 2) food and drug lic 3) Chief fire office Noc 4) legal metro logy noc . various Noc's are required for running a restaurant. if they dont have proper permission from all government departments. then you can file a legal complaint against the restaurant.

Q: Overcharge for Mineral Water Bottle

I have been overcharged than the MRP printed on mineral water. I have the bill which shows Mineral water charged 30rs against the mrp of 20. I wish to take action against the hotel. Please advice.

Advocate Swapnil Harihar Patil answered
Question: I have been overcharged than the MRP printed on mineral water. I have the bill which shows Mineral water charged 30rs against the mrp of 20. I wish to take action against the hotel. Please advice.ANS-- This subject to Consumer court matter, mineral water overcharged bad in law, we have to file consumer complaint against the hotel,

Q: Is NOC necessary to sell a flat

Kindly give MHADA GR stating flat can be sold after 5 years . Can any Indian staying in a different state buy this property in Mumbai .If society is formed then do we require MADHA NOC to sell the flat . Can a sale deed be executed for the flat where society has been formed in 2010 .What is the approx market value of the flat in Pratiksha Nager Sion East. What documents are required .Flat is currently under bank loan .Flat was purchased through lottery allotment scheme .

Advocate Swapnil Harihar Patil answered
your question- Kindly give MHADA GR stating flat can be sold after 5 years . Can any Indian staying in a different state buy this property in Mumbai .If society is formed then do we require MADHA NOC to sell the flat . Can a sale deed be executed for the flat where society has been formed in 2010 .What is the approx market value of the flat in Pratiksha Nager Sion East. What documents are required .Flat is currently under bank loan .Flat was purchased through lottery allotment scheme .answer- you can sell the same flat without noc of MHADA>