Without approaching court it is not easyy, you can file a suit claiming injunction in civil court.
Unauthorised building in the plot next to my building
Hello, We live in a 60 X 40 plot in Domlur Layout, Bangalore. The house we live was constructed by the Karnataka Housing board and we have been living there for over 50 years. The entire row of houses in our line was also constructed by the Karnataka Housing board. Recently, the house next to ours (right) was acquired by a builder. The then proceeded to demolish that house and in currently in the process of building a 4-5 storey building next to ours. He has left a distance of only 2.5 feet between the pillar and the compound wall. After reading the building bye-laws (TABLE 5(Bye-law 9.2) ) the distance of the set-back should be (Above 15 upto 18 ---- 6.0mts ). Can someone please let me know if this is the right and also what are the avenues available to me to appeal this. PS: I have already raised a complaint with BBMP regarding this, where the engineer came and ordered them to stop. But the builder continues to build. Please help me out here.
Asked 5 years ago in Property Law
Religion: Hindu
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11 Answers
Dear Client,
Complain again to enforcement wing, if no solution than approach court for instant stay. For any violation of building bye laws, court will grant stay on construction.
1) file RTi application with BBMP as to what action has been taken on your complaint
2) if no response received file writ petition in HC to direct BBMP to demolish unauthorised construction done on yo the plot
If the builder is still continuing to build the building violating the set back rules despite warning from the BBMP engineer, you may file an injunction suit seeking to restrain the builder from continuing with the constructions due to violations in the set back in the proposed construction.
The BBMP's orders to stop the construction should be a strong documentary evidence to support your case. You can plead that the violation of the rules of construction by the builder in your neighbor is an obstruction to easement rights and rights to air, ventilation etc.
The BBMP may be impleaded as necessary party to the injunction suit.
Hello,
file a writ in the HC, thereupon saying that the same also hampers your right to life and personal liberty. Attach the order wherein they have been directed to stop the process.
regards
The builder is conducting in negligent and greedy way. Its true that setback depends upon the total height of the building. And in your case its 6mts or more. You must soon file an injunction suit against builders to stop construction and follow due procedure of law. Make BBMP also a party to question validity of sanction plan.
Sir file a civil suit for permanent injunction along with a Interim stay application on builder carrying out construction as same is breach of rules.
You have to file a civil petition in High Court making both the builder and Development Authority as a party and get order from the High Court
It is the same every where, builders violate every possible law to achieve maximum return out of their investments. Since you have raised a complaint with BBMP and they have also ordered the builder to stop work and he continues to construct despite their order, attach a copy of the order and file a injunction suit and bring a stay against the builder from putting up further construction, because if you keep quiet now, then you will not be able to do anything later on.
Even in Indiranagar where I stay the situation is similar, builders take the law into their own hands, it is easier to bribe officials and put up illegal structures. However one good thing is in Indiranagar due to civic amenities welfare association indulgence most illegal structures are now facing the heat for closure.
A. You may issue a legal notice against the builder to stop construction and its legal consequences in future.
B. You need to inform the same to Karnataka Housing Board to take appropriate actions against the builder by virtue of non compliance allotment rules and regulation as formed under the Karnataka Housing Board Act.
C. You may approach Civil Court to get injunction order in the event of building construction is happening adjacent to your site by virtue of violation of your right to enjoyment. Suppose, if the construction not adjacent to your property, you can get an order from the High Court by filing a Public Interest Litigation.
Dear Sir,
You may not get appropriate relief from BBMP authorities and in the meanwhile the builder may finish the constructions. You may approach immediately a Civil Court and get stay order on such construction or approach High Court.
