• How to stop illegal construction by an individual for personnel use in a street

Hi Sir,
My relative has his house situated at the dead end of street in new Delhi. A person who is the owner of two house in that street. His two houses are left and right side side of the street. He is trying to connect both the house on first floor, so that on first floor area can be increased. the width of street is around 10 square foot. It seems he (the person trying to do illegal construction) has strong link in police departments.Please guide, what should he (my relative) can do.
Asked 7 months ago in Constitutional Law from New Delhi, Delhi

Hello,

Intimate about the same to the municipal authorities and if they fail to take any action then approach the court and seek injunction against him. No construction can be made above the public road. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16748 Answers
254 Consultations

5.0 on 5.0

Dear client, 

Such construction absolutely illegal. Complain to municipal  corporation. If no action than write to HC as HC has passed strict directions to MC against illegal construction.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

1) complain to  muncipal corporation against illegal construction done by your neighbour 

 

2) if no action is taken seek court orders to demolish illegal construction done by your neighbour 

Ajay Sethi
Advocate, Mumbai
65486 Answers
3961 Consultations

5.0 on 5.0

No construction can be done on public land as that is deemed illegal construction. 

If your neighbour is doing the same you can file a complaint with the municipal corporation of Delhi in order to refrain him from doing the aforesaid acts. 

If he fails to adhere even after the complaint to MCD, you can file writ petition in High Court in order to get the illegal construction demolished and for in activity by the municipal corporation of Delhi for not taking any action against the offender.

 

Also suit for injunction with temporary stay application can be filed in civil Court in order to restrain him from carrying on the construction illegally.

If he continues with the construction work, after you have got a degree of injunction, he would be charged with contempt of court.

 

Regards.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

you need to file a complaint before the municipal corporation against the illegal construction of the neighbour in written to the commissioner they will take steps.

Shubham Jhajharia
Advocate, Ahmedabad
18260 Answers
71 Consultations

5.0 on 5.0

Dear Concerned, 

In such scenario click latest photographs of the site and complaint to the MCD , police has nothing to do in this matter, if the MCD does not respond to  your complaint in one week file a Injunction suit in the  court concerned. 

 

Best of Luck. 

Atulay Nehra
Advocate, Noida
1188 Answers
47 Consultations

4.7 on 5.0

You can straight away file a Writ petition before the high Court. Before that you need to make representation before the authorities highlighting the illegal construction is being put up by owner. If the concerned officer is not taking steps to stop the illegal construction and to demolish them you can seek the High Court indulgence for demolishing the illegal construction.

Mohammed Mujeeb
Advocate, Hyderabad
9365 Answers
3 Consultations

4.5 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Nuisance, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IMPORTANT:  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
2245 Answers
13 Consultations

5.0 on 5.0

Sir, please file a complaint before the municipal authority/development board regarding the anomalies commited by the offender.

Regards

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

The neighbor cannot occupy the open space by constructing a link to his both the houses using the government land which is upto the sky.

Since this falls in the common passage, you may even file an injunction suit against him and stop the  progress of the construction works.

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

1) You can make complaint in the Delhi Municipal Corporation and police station under section  405 IPC.

Section 405 in The Indian Penal Code

405. Criminal breach of trust.

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

he can file a complaint with corporation or any municipal authority there.They will demolish the same. If they don't take action yo can move to court against the same.

Prashant Nayak
Advocate, Mumbai
11687 Answers
18 Consultations

4.8 on 5.0

Very well you can give police complaint

G Suresh
Advocate, Chennai
387 Answers
4 Consultations

4.9 on 5.0

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