• Illegal construction at public road which is the only way to my home

Our house is near a deadend of the street . The street is only 15 ft breadth and length of the street 160ft at the entrance of the a commercial building has been constructed recently the owner has occupied and 4ft of the entrance of the street we are unable to use the street .. we trying to contact the owner he is not coming to the site itself but making the work done using the contractor now where we have to complaint for this or shall we proceed to demolish the pathway construction as per our layout please guide us in this regard the plots here are panchayat approved in tamilnadu
Asked 7 years ago in Property Law
Religion: Hindu

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17 Answers

File a case u/sec. 133 of the Cr.P.C. in Executive Magistrate Court, failing which you can file a suit for Declaration and Injunction in Civil Court.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

No owner of a plot can encorach upon nay portion of public road.

Even if the street is not public but private common passage then also it can not encroach any of its common user for his own use .

Since the same is happening here you have now the option to seek legal recourse to stop this unlawful acts.

So file a suit for declaration and seek injunction against further construction till disposal of your suit.

This may take care of the dispute in the present context.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

You will have to file a suit in the civil court as Easementary rights has been encroached upon and the same cannot be done. Therefore you are advised to approach the court and seek appropriate order in the nature of injunction

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) file police complaint against unauthorised construction

2) seek court orders to demolish unauthorised construction

3) you cannot take law into your hands and demolish the unauthorised construction

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Sir,

First of all you have to give a written complaint to the municipal corporation of the area along with a police complaint. After this if you can approach the court for injunction if still no action taken

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

This is an illegal and unauthorised construction.

Move a police complaint against this illegal and unauthorised construction.

You cannot demolish this on your own.

Move a complaint before the District Magistrate.

If you are joined by the other members of your locality, you may file a public interest litigation against this.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You can directly go to the court of law for demolition and permanent injunction and dont forget to make muncipality as party to the case.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

File complaint with the Panchayath about illegal construction of building on the Road earmarked.

File a case for injection to not to construct building on the road.

take a certified copy of the approved layout plan from the panchayath for case to be filed. photographs of the building being constructed illegally using the Road.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

you need send a legal notice giving 15 days time, after that you can approach court for injunction suit, stating that the entrance path has been blocked and the galli people are having trouble because of that

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Firstly, do not try to demolish it with your own hand as this would lead you in a crime.

Secondly, just made the complain representation to the concerned authorities like police, pwd, development authority, state government etc. And take the receiving and file a writ of mandamus in the high court, would surely help you out. And take some pictures also.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

Respected sir...

First of all you will have to file a civil suit regarding the permanent injection over this construction and then see what is going on ...Sir if the street is 15feet in the documents how can he construct there so no need of worry just hire an advocate and take injection against this construction...

Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

Hi, you can make the complaint at the nagar Palika and to the the district collector regarding the illegal construction.l

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

hello Sir,

the only solution for your problem is filing a writ of mandamus before the Hon'ble High Court so you can get a solution in a short period..

Shiva Bharathy
Advocate, Chennai
102 Answers
1 Consultation

Immediately write written complaint to panchayat to stay the work.procedings also after that file a petition in local civil court mentioning urgent hearing and take interim stay immediately.

Vijay Kumar
Advocate, Mumbai
26 Answers

1. In these circumstances you may either file a writ petition in the High Court against the municipality to demolish the encroachment or file a suit for mandatory injunction in the civil court.

2. Do not proceed to demolish it on your own.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If the commercial complex is encroaching the road, then a complaint with the local civic body to be made first seeking its admonition and if there is no response hence you may have to aproach court with suit for easement rights and permanent in junction against him to remove the stricture built on the public road.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

You make complaint to Panchayat and also go to court and get injunction against him not to proceed further

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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