• Illegal & unauthorised building constructions

Hello Experts,
In front of my house my neighbor had build recently Ground + 4 floors  by taking only ground and first floor permission from GHMC (Grater Hyderabad Municipal Corporation) three floors had been built illegally by not leaving open space for setbacks and parking area for parking vehicles.

Six months back I had given compliant to GHMC against our neighbor because of parking of vehicles in front of my house, after requesting to him to not to park the vehicles in front of my house, but he was not lessening to me and told me that I will park the vehicles here itself and do whatever you want to do.

 GHMC people had inspected the site they had issued the notice and in these regard he had filed the case in city civil court and got stay order and now completed his house construction, GHMC also filed case against to him.

 Now the matter is in the court and both lawyers (I.e. GHMC & my neighbor) had reached to one understanding of compromise and accordingly they are following, in these regard I would like to know whether court in his judgment will direct my neighbor to leave open space for setbacks and parking area for parking vehicles, as he had already build rooms in ground floor and accordingly he had built same thing in upper floors.

Else shall I file the case against them to get the judgment with in time frame and to follow building rules & regulations according to GHMC.

Expenditure incurred to me for fitting the case, his recoverable from GHMC or not please inform for which I am very thankful to you.ype your question here. Do not use ALL CAPS.
Asked 4 years ago in Civil Law from Hyderabad, Andhra Pradesh
1) take search from court records as to nature of case filed by GHMC against your nighbour .replies filed 

2) similarly in respect of case filed by your neighbour take search and obtain copies for your record . 

3) if any compromise has been arrived at obtain cop of said consent terms . it is only after going through consent terms can it be said whether any open space is left by your neighbour for setbacks and parking area for vehicles 

4) if you are aggrieved by compromise move court for necessary reliefs against your neighbour and GHMC  

5) you can claim costs of litigation
Ajay Sethi
Advocate, Mumbai
47925 Answers
2846 Consultations

5.0 on 5.0

What the court will rule in its judgment cannot possibly be foretold by any one. It appears that your neighbour applied to court for a stay order against notice issued to him by GHMC. Did you receive court notice? It is unclear whether you were made a party or not in the case filed by him. The court has ruled in his favour. You should take the assistance of a lawyer to obtain copies of the case filed by him so that it can be ascertained what is the nature of case filed by him. Accordingly the concerned lawyer will advise you the further legal recourse to protect your rights.

If a compromise has been reached then you may oppose it subject to the nature thereof and in the manner laid down under law.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

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