1) you should in your reply rely upon report of corporation that layout starts after the road .
2) rely upon approval from corporation received for carrying out construction
3)court should set aside stay order
Unapproved layout without sub division of survey numbers
Hi, i own property with survey # 200/6 ( see the attachement) which is sub divided from parent survey # 200. Survey # 200 is an unapproved layout ( Non Agriculture converted) and it did not get CC from local corporation and will also not get CC as current cross road measurement is 25 feet and per CC rules it needs to be 30 feet roads it seems. Land Owner has sold seperate plots in survey # 200 to around 15 person with land dimension as per unapproved plan. These properties are getting registered in local corporation with plot numbers as per the unapproved plans. Two houses are already constructed in cross road 1 with Survey # 200/4 and 200/5 with corporation approval. Intially plan will get rejected by corporation and later it will be referred to a special committe who will get it approved it seems My previous owner who sold the property to me has put stones wrongly encroaching the main road for about 2 feet. I have called the corporation commisioner with local corporator to clarify the road dimension and found out that my stones are wrongly placed. Corporation guys have instructed that our layout starts after the road and we should not be doing any construction encroaching the road. Problem starts here , i have informed the owner behind me ( who is part of common survey # 200 with 15 other co-owners) to come when i have called the corporation people, he did not visit. i have informed him that layout starts after the road boundary and i must move 2 feet behind. i have started my construction with pillars already inserted by marking my dimension as per survey sketch from the main road and also got the corporation approval also last week. He approached court and got a stay with contention saying that i have encroached 2 feet of his land. He just produced unapproved layout plan with combined Uttara of 15 people I have Site Map / PT sheet clearly showing my property with dimension and approach road as main Road. i also have seperate Uttara. My sale deed mentions that i have survey # 200 at the back with 15 odd owners and i dont even know who is the correct neighbour. I have visited survey department to survey my property with # 200 / 6 and they said survey of unapproved layouts will take more than 18 months to clarify the encroachment. They have also said that Survey # 200 cannot be surveyed as there are 15 owners + all the cross roads. I have approached a laywer and soon will be preparing for the argument. Ask to the Experts here : How to Vacate the stay and move on with my construction ( i have already got the building permission)
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
We did not get a written letter from corporation about our layout boundary / my site boundary. This was more of verbal communication. Justifying the road dimension is good enough or should i get any other document ? What are his legal options to drag the case further and continue the stay ? (As his plot is in combined survey number with other co-owners which can not be surveyed) How can we overcome some of the his above legal options ? How long can the stay continue ? If its going to take time, than should i think of out of court settelment ?
Asked 8 years ago
Out of court settlement is best option
2) suit would take years to be disposed of
3) court can vacate stay if balance of convenience is on your favour and you have prima facile case on merits
4) get letter from corporation that 2 feet road has been encroached and construction should start after leaving space for road
5) request court to pass orders for survey of the plots by the survey office
This is an exparte order against you obtained by your neighbor under order 39 rule 1 and 2.
You have to appear before the court and file a petition under order 39 rule 4 seeking to vacate the injunction order passed against you on the basis of the documentary proofs in your side as well as the merits in your side.
We did not get a written letter from corporation about our layout boundary / my site boundary. This was more of verbal communication. Justifying the road dimension is good enough or should i get any other document ?
The report already given by a surveyor after surveying and measuring the property as well as the building plan approval should be some of the strong documents in your side
What are his legal options to drag the case further and continue the stay ?
(As his plot is in combined survey number with other co-owners which can not be surveyed)
The property can be surveyed by a court order should you apply for surveying the property by appointing an advocate commissioner
How can we overcome some of the his above legal options ?
The suggestion were given in the previous post.
How long can the stay continue ? If its going to take time, than should i think of out of court settelment ?
This is an interim relief hence it can be vacated even at this moment.