🏢 A recent Bombay High Court order has highlighted the importance of maintaining common areas, terrace access and fire-safety requirements in high-rise housing societies.
The court directed the Brihanmumbai Municipal Corporation (BMC) to remove an unauthorised structure that was blocking access to the common terrace of a high-rise residential building in Hiranandani Gardens, Powai.
🚪 Dispute Over Common Terrace Access
The matter arose after access to the common staircase leading to the terrace was blocked. Instead, a separate staircase had reportedly been constructed from a flat on the 29th floor, providing exclusive access to the terrace.
The housing society challenged this arrangement, arguing that the terrace was a common area and could not be converted into an exclusive space for the benefit of an individual flat owner.
🔥 Fire-Safety Concerns Raised
The issue was not limited to ownership or access. The terrace was also connected with the building's fire-safety and refuge-area requirements.
A Fire Brigade NOC issued in 2004 required designated areas, including refuge spaces, to remain available as prescribed. Blocking access to such areas could therefore create serious safety concerns for residents, particularly during an emergency.
🏗️ BMC Finds Unauthorised Alterations
Following an inspection, BMC officials found alterations involving the concerned flat and terrace area. The civic body subsequently issued a notice under Section 53(1) of the Maharashtra Regional and Town Planning Act (MRTP Act) and directed that the unauthorised structure be removed.
The matter eventually reached the Bombay High Court, which directed the BMC to implement its removal order.
⚖️ Common Areas Cannot Simply Become Private Spaces
The case reinforces an important principle for housing societies: common areas cannot be appropriated or altered for individual use without following the applicable legal and regulatory requirements.
Terraces, staircases, refuge areas and other common facilities must be maintained in accordance with sanctioned plans, building regulations and fire-safety requirements.
🏠 What Housing Societies Should Learn
For housing societies, this case is a reminder to:
- Regularly inspect common areas for unauthorised alterations.
- Ensure terrace and staircase access remains available as required.
- Protect designated fire and refuge areas.
- Take timely action against unauthorised construction.
- Maintain approved building plans and relevant NOCs.
- Coordinate with civic and fire authorities whenever safety-related violations arise.
🚨 Unauthorised construction is not merely a society-management issue. When it affects common access or fire-safety infrastructure, it can become a serious regulatory and public-safety concern.
The Bombay High Court's direction demonstrates that civic authorities can be required to act against such alterations and ensure that common and safety-critical areas remain compliant.
Source:
🏢 Bombay High Court Orders BMC to Remove Unauthorised Structure Blocking Common Terrace Access in Powai