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Polycarbonate sheet install below my kitchen


29-Oct-2024 (In Property Law)
A polycarbonate sheet has been installed below my kitchen, and it is installed to collect garbage thrown from the top. My parents live in 1st floor. This is unhygienic and dangerous to my parents. And the are senior citizens. But the managing committee passed the resolution in AGM of polycarbonate sheet installation despite objections. My parents don’t want a garabage collector outside their kitchen. Please advice what they can do to remove it.
Answers (2)

Answer #1
652 votes
Your parents can pursue several approaches to address this issue both legally and through housing society bylaws. Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, senior citizens have the right to a safe and dignified living environment. Your parents could approach the Maintenance Tribunal under this Act to file a complaint, emphasizing that the installed sheet causes health hazards and affects their well-being. The tribunal may order the removal if it deems the situation harmful to their health. In terms of society bylaws and regulations, housing societies typically have bylaws related to cleanliness, waste management, and public health. Your parents can formally request the managing committee to reconsider the installation by filing a written complaint to the managing committee, detailing the health risks and potential safety issues, especially given their age. They may also request a Special General Body Meeting (SGM) if a majority of residents support the removal, allowing them to try to overturn the AGM resolution. If the committee is unresponsive or dismissive, your parents can escalate the issue to the Registrar of Cooperative Societies, highlighting any violations of bylaws related to sanitation and public health. Depending on local regulations, the municipal authority may have guidelines prohibiting such installations for waste collection near residential units, especially if they pose a risk to health. Your parents can file a complaint with the municipality’s health department. By combining these approaches, your parents will have a solid basis to seek the removal of the polycarbonate sheet.
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Answer #2
878 votes
You can address your grievance to the Registrar of cooperative societies and simultaneously approach the local authorities. Feel free to contact me for seeking any legal assistance as regards the same.
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