• Building problems

Hi,

My name is Princy Maju currently residing at Australia. I am building a house back home in Kerala, India. It is in a panchayat area. My house work is nearly done, but now iam in a serious issue. One of my neighbours complained to Panchayat about my sunshade is close to his boundary wall. Actually it is still within my property but only 15 cm from his wall. But I have 130 cm open space for rest of the areas as per law. I have got approval from panchayat prior to my house work. Everything was done according to that permit. My sunshade is bit wide as I have done a rain water drainage , I need to make sure that the water not going into neighbours house. 

Also he done his boundary wall within the last 2 months time and he made the wall leaning 3 inch towards my property. He made a 4 m long compound wall which completely interferes the air/ light etc coming to my property. I tried to compromise with him in presence of panchayat members but he is a person always annoy people. He wants me to cut my sunshade area. Even though it is still within my property he demands to do that.

I have checked with Panchayat, I have received advice from them that there is a law instructing that it needs to be 0.50 metre space in every open space. But I have gone through the KPBR but I couldn’t find that matter. I have seen the matter that if the building above 10 metre height then we have to leave an open space of 0.50 metre every 3 metre. Nobody really sure about this in panchayat. They are kind of that may be right to leave 0.50 metre. It is easy to say that but for me it is such a difficult situation to cut a part of my house. It never causing any issue to him.

Now I won’t be able to get the house number from panchayat as he is causing these complaints. I Haven’t build anything protruding or encroaching into his land. But he did make the wall leaning towards my house.

If anyone of you can help me please email [deleted]

Or WhatsApp [deleted]

I really appreciate your help and support 


Thanks
Asked 4 years ago in Property Law
Religion: Christian

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11 Answers

If you have taken Panchayat's approval prior to the said construction then nothing to worry. If Panchayat causing ant issue you can approach the civil court for the same

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

The same is explained earlier. If you are dissatisfied by Panchayat then approach civil court.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

if your neighbour has made wall leaning towards your house then you lodge counter complaint against your neighbour

2) if no action is taken by panchayat on your complaint file suit and seek court orders to direct him to demolish wall leaning towards your property

3) as far as your sun shade is concerned you should take the plea that you have left open spaces as per law . you have not done any encroachment on his property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If his wall is leaning towards your wall you can file a suit in civil jurisdiction court asking for direction to neighbour to demolish it.

Secondly if you have obtained prior approval from gram panchayat you can go ahead with construction. Take a defence you have done construction as per law and not encroached on neighbour property.

Please go through sec 55 of kmbr rules.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. The area which must left vacant between two neighbours for raising structures is called ' set back area' and this varies in every state.

2. in West Bengal it s 3 feet.

3. Once this space is left open the neighborhood can raise constructions upto the height which is permitted by the local authority or the Municipality through its duly sanctioned building plan.

4. Unfortunate blocking of light or air would not be considered as long as mandatory space ween two buildings have been left vacant.

5. So refer to the local laws and it is it is not done as per local building rules you can lodge complaint with the authority to stop work and then writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First of all you have done work with a panchayat approved plan.

Secondly you can raise a counter claim.on his wali as this is enchorchment and illegal if the panchayat doesnot settle it file a suit in civil court for altering or demolishing his wall as it is enchorchment of your property and hindering your right.to use light air.

Rule 26 sub sub rule 10 kerala Panchayat building rules states the general instructions for construction of property whereby the space of .50m is mendatory.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have yourself answered about open space in your query therefore legal side query was only answered.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Hi, if he is interfering in the construction work , you can file a civil suit for permanent injuction and can obtain a stay order from court restraining him to interfere in the construction

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

It is better to solve the problem once for all to file a suit for permanent injunction and get appoint a Court commission and take favorable Court order which rest the matter forever.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Under this situation, if the Panchayat board is not allotting you the house number or registering your completed house in their records, you may first issue a legal notice to the authorities as per law seeking the relief, after which you may approach court of law with a suit for mandatory injunction seeking direction to the authorities to do the needful as per law.

Let them come with their defence and quote the relevant law by which they insist you to comply you with the rule on this subject, you can fight it out challenging their stand by interpreting the appropriate law and get the relief.

Many people get into actions ion hearsay information alone, hence you need to teach them what law says about it, so the solution is to approach court of law for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Please confirm the legal sides or what is the right open space for building in a panchayat area

This will be applicable as per local laws which can be found locally or else you can file a suit where the panchayat authorities will produce relevant law or rule by which the court will decide who is right and who is wrong.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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