• Wait for response or file the civil suit

There is a huge structure raised behind my building 3 weeks back that has completely blocked air and light for my building occupants on that side. During these 3 weeks I have emailed/written from abroad (I am not currently in India) to the concerned authorities & the party in whose land this structure has come up. So far I am waiting for their response. My question is should I wait or proceed to filing a suit against this party as I should not get into a drawback due to time lapse? Thank you
Asked 7 years ago in Civil Law

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7 Answers

1.Unfortunately writing to public authorities hardly works for any result.

2.You have to intervene through the court of law.

3.Give PAO to your near relative in INDIA and file a suit for declaration and injunction so no further constructions are made and the structure so far raised if made beyond Municipal regulations is demolished.

4.You may also consdier filing writ petition against the Municipality and the person which shall have speedy remedy.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1) contact a local lawyer

2) check whether building plans have been sanctioned or not

3) if construction has been carried out as per sanctioned plans no order would be passed for demolition of the structure

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1. Verify from the local municipal Corporation whether they have taken building construction plan sanctioned or not and if yes, then collect the copy of the said sanction plan.

2. On receipt of the said sanction plan, verify whether they have constructed the building as per the sanctioned plan or not. If the sanction is for 2 floors (say) and they have constructed 3 floors then certainly it is a deviation from the sanction.

3. In case of deviation, report the matter to the local Municipal corporation and police urging them to demolish the deviated construction which is causing extreme miseries to you, at the earliest.

4. If they fail to demolish the same, file a Writ Petition immediately against the Corporation and police for their inaction praying for a direction upon them for early demolition of the said deviated portion.

5. If you find that the Corporation has sanctioned the plan which is against the rule causing problem for you, then also you can file W.P. against the Corporation praying for a direction upon them for amending the said sanction and to arrange for demolishing the portion deviated from the amended sanction.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1. It might be that the Corporation has not updated the status for which you could not find the information about the sanctioned plan.

2. It is very unlikely that he has constructed the structure with out obtaining sanction of his construction plan.

3. He might have deviated from the sanctioned plan or might have obtained sanction of a faulty plan which is required to be challenged before the Court of law by you.

4. So, it is necessary to get the same physically verified from the local municipal corporation to be sure in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

Check with mucipal authorities in person whether any plans have been sanctioned or not

2) file RTI application with municipal corporation as to whether any building plans have been sanctioned or not

3) if construction is unauthorised seek demolition of unauthorised construction

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

You do not have to wait inordinately for their response.

You can immediately file a mandatory injunction suit as well as for easement rights.

Make sure that the building raised adjoining your building has been constructed without leaving set back space, if so you can make a representation to the civic authorities too about this deviation and illegal construction.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Thank you for your responses. I have just another question please. About checking with the local Corporation authorities whether the plan is sanctioned or not, I have checked on the available records online from the Corporation website with the details of the plot, address and did not find it in the list of approved plans. Should I still check with the authorities in person?

Instead of checking in the web site, you may get the construction assessed by an engineer from your side and get his expert opinion about neighbor's construction, if it is opined as unlawful and illegal then you may make a representation to the corporation authorities as well as file a suit for easement rights and injunction.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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