We are reconstructing the our house after the demolishing the old house. Our neighbour has raised objection in municipality by stating that we have demolished her wall and the house plan was not approved by the respective municipality.The fact is that thay have illegaly constructed their almirah in our wall as the wall is of 20 inch . They dont have any wall on the side. The entire burden of the house is on our wall. They have stair case which have been enclined in to our wall. A notice from municipality has came in which they have alleged that we have demolished their wall without their permission . The fact is that they don't have any wall at all on their own. Till date we have not got approval for the plan. Now they have made complaint to another officer regarding this and he has demanded the paper of the property and the approved plan.How can we respond to the notice? We have doubt after this they can move to SDO to impose the Section 144. What are the preventive measures we can take before they can move to another authority as their intention is to only disturb and mentally harass us? Can any one claim title over our property as we have all the documents? We want to complete the construction process as soon as possible.
1. If you have vaid sanctioned building plan then Municipality can not pass any order of stop work.
2. Now whether you have demolished the wall or not is a civil dispute which the Municipality can not adjudicate.
3. If you are getting disturbance otherwise without any order of any public authority then you can file suit for declaration and injunction so further constructions can not be stopped.
Please file a suit for injunction against.your neighbours from interfering in your cinstruction work... and no one has right to claim over your property .... section 144 is out of context to your case.:)
If you have purchased property by regs sale deed then you are absolute owner of property
2) neighbour cannot claim title to property
3) you must be having approved plans for construction done earlier on your property. Submit the approved plans
4) for carrying out fresh construction get your plans approved by muncipal corporation
5) contact a local architect
Hello,
If the construction is being raised by you after the approved plan from the authorities then the neighbors does not have any right to interfere with the construction, even otherwise also they can not directly interfere with the construction
File a suit for injunction to the effect that the neighbors be restrain from interfering the construction work being carried on by you.
Regards
Please check the concerned building bye laws applicable in your case, generally, building plan if not sanctioned for a few months, is deemed to be sanctioned/approved. If any such clause is there in concerned applicable BB laws, it will help you.
Send a reply to the show-cause sent to you the Municipality. Meticulously include all the points which you have cited in your question, in the reply you submit before the Municipality. You can take help of a local lawyer to get this transferred.
If your title over the property is clear, nobody cab restrain your from erecting a house upon your land, provided the construction in compliant with the building bye laws and the sanctioned map.
No one can get any claim against your property provided after obtain municipal only you have to start your construction
You first file a caveat petition before SDO and also before a civil court within your jurisdiction,
You can issue a reply notice to their legal notice
You can mention the facts and explain the situation.
The other things can be faced in the court of law, if they approach court.
