1. Yes
2. No
3. Yes you need to go accordingly
Setback is not provided on the rearside
I am extending the house on 1st floor. Set back is not provided at the rear side of the plot. But there is a proper setback at group floor which is constructed 20 years back. After the completion of 2 floors(almost 9 months), now rear side house owner is objecting about the construction. 1. Can I face it legally? 2. Was I supposed to leave setback for first/second floor? 3. Plan got approved and going according to the plan. 4. Do I have any other solution? 5. All construction are within my premises.
Asked 4 years ago in Civil Law
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11 Answers
1) your plea should be that construction has been done as per sanctioned plans
2) that you have received completion certificate from muncipal corporation
3) your neighbour may file complaint with muncipal corporation . Your defence should be construction as per sanctioned plans.
3) if rear side owner is objecting to construction he would have to go to court and seek orders to demolish part of construction as no setback is provided
No, your neighbor can't object when there is a sanctioned plan.
Regards
1. See if all the construction is as per the plan approval then you don't have to.worry no legal action can.be taken. As the plans are approved after taking into.consideration the local law. So.you have valid defence even if files suit or any complaint.
1. If the neighbor at the back side is objecting then you may ask him to proceed legally, before that you should ascertain that your construction plan is approved by the competent authority and also file a caveat petition before court against the neighbor to avoid an exparte injunction against you.
2. If that is the rule or law, then you may have to abide by the law.
3. If you have approved plan for this construction then you need not worry about it.
4. You can ask him to proceed legally which you can challenge on merits.
5. You may consult a local lawyer and proceed on the advises received.
Leaving set back is necessary unless building bye laws provide exemption to it. I don`t think set back exemption provided in the act.
Set back it must otherwise, municipal people will come and hold the construction and demolish the construction.
If plan is approved than continue construction. Plan cannot be approved if was in violation of building bye laws.
1. Set back rule is applied in every Municipal area of are managed by local authority.
2. So time limit passed in the meantime does not validate the structure is constructed without leaving the set back area in upper floors.
3. So unless and until the sanctioning authority of building in your area regularize the structure on payment of penalty, you will have no option but to raze it.
4 A building plan if sanctioned beyond the provision of law would be set side in court if challenged therein.
Dear Sir,
Unless you are prevented by a Civil Court order you may continue such extension.
If the construction you have done as per sanction plan and you have paid the sanction fees No one can take legal action against you.
If you are constructing the building as per approved plan then ignore the neighbour and continue with the construction.
You need to contest the same only if the neighbour files any suit for injunction since the plan is approved by the concerned authority you can go ahead with the plan. In case if the owner objects you can get injunction from Mysore court restraining him from interfering in your possession.
