Hello sir , it is advisable to file a civil suit for permanent injuction and obtain a stay order on the orders passed by municipal authority...
Question related wrong building plan approved by municipality and now problem facing
We got 1st floor building plan approved in 2015. And completed the 1st floor in 2018 . Ground floor was built in 1990 by 1st owner . We are the 3rd owner of the house we bought the house in 2007. Although the "proposed 1st floor building plan was ok, but the 'existing ground floor plan' was modified by the planner who made the sketch where he changed the existing drain's location and had shown to some other place where no drain exits at all while drawing "proposed the 1st floor plan" and also "site plan". My parents not so educated about reading building plan put their signatures thinking everything is correct since the architect is registered and approved by municipality and himself checked and measured everything few days back . They did not checked the 'existing ground floor image drawn in the building plan. Then the plan was approved with faulty existing ground floor image. Municipality even didn't care for ground verification before approving the building plan.Even once municipality sent a notice to the architect for drawing a faulty sketch regarding "the proposed 1st floor" sketch and then he resubmitted the buiding plan following some modifications but didn't change the faulty ground floor 's image . Now my neighbor is raising objection and pressurized us to relocate my drainage system to the new location mentioned in plan . We can't change the ground floor 's existing drain since there is no space available in ground floor.There is no mentioned of any drain in old ground floor building plan which was sanctioned in 1986. The mistake was done by the architect and municipality was responsible too . Neighbor submitted objection in municipality and now municipality is telling us to close the running drain which has been existing from 1990 just because in the new plan the location of drain is different. I need some suggestions so that I am not forced by the municipality to close the drain. How I can appeal I'm court for the correction of the 'existing ground floor plan' which was already approved. Also how can i stop municipality from closing the existing 27 years old drain ?
Asked 8 years ago in Civil Law
12 Answers
We are the 3rd owner of a building bought the house in 2007. 1st owner made that buiding in 1990 . We had a drain that has been existing from 1990 and falling into my neighbor's drain and then water from both drain is falling into municipality darin. an agreement on Rs 50 stamp paper was done by previous owner of the house who gave right to use the drain and also mentioned that new owner will obey the agreement . Now new owner raising objection and told us to close the drain. We have no other alternative, no space where we can make a new drain. Whole ground floor was made in 1990 according to that draining location. Bathroom , toilet outlet everything . We can't change anything now. Even Municipality is telling us to change the location of drain which has been there from 1990. What should I do now ? Please suggest me a batter way
Asked 8 years ago
Dear Sir,
Nothing to bother. It is time barred claim by your neibour and Municipality. Any Civil Claim must be made within 12 years. You have easementary right over such existing as it is in exiting since more than 12 years. You may approach the Civil Court and get an injunction order. Let them prove in Court. A sleeping citizen has no voice to raise for so many years. Rest assured. Call me through this website immediatel, for more tips.
After so many years the neighbours or the Municipality can raise such objection. Even if they do it is not of much consequence.
Running of drain is aneasemetray rights and after allowing the drain to run for 15 years any better right of your neighbour goes away and he cannot claim back the portion where the drain the presently running.
Since the Municipality is also after you i would advise you to file a civl suit for declaration of your easementary rights and for injunction so it may not be stopped during the pendency of the suit.
So meet a local civil lawyer and proceed to take legal recourse as stated above.
This is only a minor deviation from the building plan which needless to say is inadvertent.
Minor offences of deviating from the building plan can be approved/compounded by the competent authority/municipality on payment of certain penalty.
Make an application before the concerned authority for compounding this minor deviation.
Incase they do not compound this in accordance with the compounding byelaws, approach the High Court.
Can i file a civil suit direct in kolkata high court ? If they already file any caveat in local court , can we still get any injunction ?? can municipality find fault in more than 27 years old building and impose fine or demolish any part for that ?? Although we didn't constructed the ground floor ,We purchased it in 2007 from 2nd owner . Lastly Can we still submit the approved but faulty building plan for correction since we kept the ground floor as it is from beginning and we did not change anything or made construction in ground floor .
Asked 8 years ago
Dear Sir,
Following are my answers:
1.Can i file a civil suit direct in kolkata high court ?
Ans: No, law does not permit it. You have file in lower court only.
2.If they already file any caveat in local court , can we still get any injunction ??
Ans: You can get only on merits on hearing both the parties court will pass orders.
3.can municipality find fault in more than 27 years old building and impose fine or demolish any part for that ??
Ans. No, it has no voice to raise. There is limitation to raise objections. All these years it was silent.
4.Although we didn't constructed the ground floor ,We purchased it in 2007 from 2nd owner .
Ans; Ok. no issue. Never argue your negative or weak points.
5.Lastly Can we still submit the approved but faulty building plan for correction since we kept the ground floor as it is from beginning and we did not change anything or made construction in ground floor .
Ans: Yes, you can.
Civil suit can not be filed in high court directly.
To avoid caveat another option is to file writ petition in high court.
High court in appropriate cases can grant injunction or stay order.
rely upon old agreement executed in 1990 which mentions location of existing drain
2) file suit and seek court orders to stay notice issued by muncipal corporation for closure of existing drain
3) mention thatdrain existing since 1990
You cannot file suit directly in high court
2) suit has to be filed in district court
3) you can seek corrections in faulty building plan
4) apply through your architect for the same
The plan approval for first floor shows a differnt plan of the ground floor but you put the blame on the builder/architect(?);
If the municipality has given oral notice then you can ignore it but if they have given in writing then you may give a reply narrating the facts and details of the property, after that you can institute a permanent injunction suit against the municipality in this regard.
You dont have to implead your neighbor as a party.
We can't change anything now. Even Municipality is telling us to change the location of drain which has been there from 1990. What should I do now ? Please suggest me a batter way
You can institute a permanent injunction suit restraining the municipal authorities restraining them from interfering in your possession and enjoyment of the property in any manner and if at all the municipality is going ahead, then it may have to follow due process of law in this regard.
Can i file a civil suit direct in kolkata high court ?
No, you may have to approach the lower trial court only.
If they already file any caveat in local court , can we still get any injunction ??
You cannot exparte injunction but your injunction suit will run before the court.
can municipality find fault in more than 27 years old building and impose fine or demolish any part for that ??
They can.
Although we didn't constructed the ground floor ,We purchased it in 2007 from 2nd owner . Lastly Can we still submit the approved but faulty building plan for correction since we kept the ground floor as it is from beginning and we did not change anything or made construction in ground floor .
It would depend on the decision taken by the municipal authorities
Hi, it is suggested that you file the case in local court and not in other court.
