Frame guidelines on permissible alterations in flats, HC tells state

A division bench of justices AS Gadkari and Kamal Khata sought clarity on whether changes such as installing protective grills and coverings over open terraces, amalgamating or dividing areas using lightweight materials, and reallocating utility areas are permissible

MUMBAI: The Bombay High Court has asked the Maharashtra government to frame guidelines regarding alterations that residents can make in their flats without seeking the local authority’s permission, saying it was necessary to encourage citizens to abide by the law.

Mumbai, India - Aug. 28, 2015 : Bombay High Court : ( Photo by Bhushan Koyande )

A division bench of justices AS Gadkari and Kamal Khata sought clarity on whether changes such as installing protective grills and coverings over open terraces, amalgamating or dividing areas using lightweight materials, and reallocating utility areas are permissible.

The bench was hearing a petition filed by Panvel resident Ravindra Kini, who claimed that the Panvel Municipal Corporation (PMC) was not acting on his complaints regarding unauthorised alterations made by a member of his housing society, Neel Sidhi Amarante, in Sector 9E, Kalamboli.

Kini alleged that the member had erected a “permanent shade” in his balcony under the garb of renovation. The member had allegedly constructed brick walls, covered the terrace with tin sheets, and extended the bedroom by breaking the partition walls, without obtaining the necessary permission.

“Large-scale unauthorised constructions cannot be permitted to continue merely because similar illegalities have been committed by several persons,” the bench said, while highlighting the lack of a clear regulatory framework to govern such alterations.

“The state must, therefore, consider formulating a clear regulatory framework specifying the nature of alterations that may be carried out within individual flats and buildings without formal permission from the local [planning] authority,” the bench said.

“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 and endangering its occupants,” it added.

The guidelines should govern the use of coverings over open terraces and the installation of grills or similar protective structures on windows, terraces, and open spaces, the judges said.

They also expressed the need to simplify the procedure for applying for such alterations, as the prevailing rules require individuals to apply through an architect, making it a costly affair. The state government or the municipal corporation may provide an online portal to facilitate the application process, they said.