Hi, you can file a civil suit and take a temporary injuction on the construction of the property .. There is no need to wait for 1st December
Immediate demolition of unauthorised construction
Respected Advocates, There is new under construction building work going on adjacent to our home , & as per ulhasnagar muncipal corporation approved plan there should be marginal space of minimum 10 feets gap of slab from all 4 sides boundary , but builder has left merely 2 feets & made violation of 8 feets from all 4 sides , which is affecting our light, Air, Privacy, our property value is decreasing , we are staying here from last 40 years so our easement rights are also affecting , IN September 2017 we have made complaints to Ulhasnagar Muncipal Corporation + Ward area Office + District Collector + Chief Minister of Maharashtra + Anti Corruption Bureau + Tehsildar + Deputy & Assistant Police Commissioner local police + Mayor of city , We have also send Lawyer Notice to Ulhasnagar Muncipal Corporation + Builder for demolish the illegal portion on 1st nov. 2017 , But no response from anywhere , for local civil suit our lawyer advised to wait till 1st Dec. (30 days from notice period) , but building is about to completion & we want stay today itself so is there any other source for immediate releif....? like writ petition in high court or like RERA or mrtp or D.C rules
Asked 8 years ago in Property Law
Religion: Hindu
12 Answers
You can file writ petition in HC for demolition of unauthorised construction as UMC has failed to take action inspite of repeated complaints
2) enclose copy of complaint lodgedby you with UMC
1.You have enough things so far but unfortunately those steps are not enough to redress your grievance.
2. Since it is fault of Municipal authority t allow such constructions file a writ petition in high court.
3.In the writ petition seek issuance of Mandamus asking the Municipal authority to stop work of further constructions.
4.once the high court intervenes you may get necessary results.
In this case writ petition will be of no help.
But you can file a suit before the civil court and file a misc case for getting injunction for further construction.
Sir if the construction of the building is about to be completed then you should have acted at earlier times.
It is not mandatory to wait 30 days....15 days is enough to file the injunction case before the civil court.
Hope my reply helps you.
Immediately file a writ petition before the High Court.
Consult a local lawyer for this.
Municipal corporation and the builder will be the party to the suit and seek direction that appropriate order be passed to stop the injunction.
The same amount to non-action of State and therefore the writ of mandamus will lie.
Regards
You've the option to approach the High Court and seek a stay on the ongoing construction. Any construction in excess of the sanctioned plan is illegal. Moreover, leaving a setback in terms of the building byelaws is also Mandatory.
Thus, if the building byelaws are being flouted with impunity and no action is being taken by the local authorities to restrict the builder from raising this illegal construction, you should immediately approach the High Court and file a writ challenging the criminal inaction of the concerned local Authority. Make this builder a party to this writ as well.
You don't need to wait any longer, since you said you'd already made a complaint in the month of September, 2017. If you want the relief urgently, file a writ of Mandamus before the High Court, praying to direct the Municipal Corporation to take action against the illegal construction, and to grant a stay on the illegal construction, in the meanwhile.
Hi
file a writ petition in high court for permanent injunction,
high court may order the Stay on construction work and later on after stay you can contest the matter
RESPECTED SIR ...
as you mentioned above that construction done by him is affecting you and your family ...you have options as he is voilating the rules laid down by UMC that you can file either a suit or you can file a public intrest litigation direct in the high court ...there are number of cases in which hon'ble supreme court has removed the construction which is affecting health of public in any of the manner ...so don't worry just file a civil suit or litigation the builder will be on his toes...you can also see cases of M.C MEHTA VS UNION OF INDIA
Thanku
you have no other relief without filing a writ petition before High Court against municipal authority for allowing construction of the house by violating the municipal rule.
You can file exemption application for granting you to file a suit before the expiration of time limitation before the court along with the civil suit of mandatory injunction.
If the builder is progressing his construction, then you may approach the civil court with a permanent injunction suit and an application for ad-interim injunction on the same lines.
Based on the urgency you may approach the court for relief.
