With reference to above subject, Mr.Sudhir Joshi ,my neighbor, has constructed toilet in front of our entry door on Govt.road. He has also encroached our road by around 3-4 feet. Complaint regarding this had been lodged on Apale Sarkar portal of Maharashtra Govt. and Chief officer of Mantha Nagar Panchayat has served two notices to him. However no further action has been initiated. Structure of toilet is still there. Now he has filed case against Nagar Panchayat it self.As per shown in city survey map the space over which he has constructed toilet is govt road.Can he file case against Nagar Panchayat for the same?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1)he can file case against nagar panchayat but would not get any reliefs if he has encroached on govt road
2) his unauthorised construction is liable to be demolished
3) you can file case against nagar panchayat to direct it to demolish unauthorised construction made on govt road . your neighbor should be made party to said suit
4) both suits would be clubbed together
If the toilet what he constructed in road is obstructing your ingress and egress as well as depriving your easement rights, you may file a mandatory injunction seeking to restrain him from putting up any structure on the lane/road obstructing your ingress and egress as well as your access to road and also also for your easement rights by prescription.
You should not be worried about whatever case he filed against the other people including the local civic authority.
You concentrate on your rights alone and for the reliefs and remedy to you.
