My society consists of bungalows, bordering walls are shared between adjacent bungalows. The bungalow behind ours was recently bought and renovation + concrete construction was immediately started without prior notice of its nature. According to society rules, any construction of exterior concrete structures not mentioned in the society plan is illegal and requires permission by AUDA. However, this being an old society many of its residents have gone ahead and altered the exterior structures, in terms of making a concrete garage shed, extending rooms and balconies without obtaining permission from legal authorities as the neighbors mutually agreed to such decisions by obtaining an NOC from each other. My family has had no interest in such extensions as we enjoy the sun and the wind and would hate for our property to be devalued as result of our neighbor's construction. We raised an objection to the neighbor personally many times, filed many complaints to the chairman of the society as well as continued to have peaceful discussions with him. This was all to no avail. The society authorities failed to act on our behalf by filing a complaint against the neighbor. We have had to go to the Municipality several times who initially assured us that construction will be stopped as it is illegal and 3 notices will be served to the neighbor for the same. Inspectors visited the site in question but no action has been taken. It has been 2 week since. After visiting them almost everyday, the authority that is supposed to act on such cases is claiming that they do not like to interfere in society matters and suggested we go to the police and file an FIR. Is that the way to go about it?? I have been told by my friends, that legal routes rarely work in India and that just seems to be the case apparently. We had been avoiding going to the court to get a stay order as that simply drags on for years with extended fees. We are still attempting to keep the municipality continually pestered on this issue as well as looking to seek legal expertise (SO) should nothing come of it. But an unbiased outlook on this would be highly appreciated.
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1)file RTi application with municipal corporation as to what action has been taken on your complaint
2) you can file suit seek court orders restraining neighbour from carrying on construction without approved plans from MC
3) you would get stay order within 15 days or so . suit disposal may take time
You can try writ petition other wise civil court no other remedy
This is not a matter of FIR. File civil suit and obtain injunction against construction. Also apply to municipality under RTI and demand for progress/action taken report on your complaint.
If the construction carried out by your neighbour is illegal, you can approach the concerned Local Self Government Institution (Municipality/Panchayat/Corporation) by submitting a representation highlighting the illegalities committed by him and request the authority to stop the illegal construction carried out by your neighbour by issuing a stop memo and also to demolish the illegal construction. After submitting the said request, you can approach the High Court by filing writ petition with a prayer to direct the LSGD concerned to take action against the illegal construction and to demolish the same.
1. Complaining with municipality or chairman of society will not help you much as most of the employees are corrupt and take bribe for not stopping the construction.
2. Society chairman will not act because most of houses have construction in illegal areas.
3. Only route left with you is to file a case in court against your neighbor, chairman of society and municipal corporation for stopping illegal construction of outer boundary.
You have made your efforts to fetch remedy for this by approaching all local authorities including ht local civic body but as you saw that nothing is to any avail to you resulting into your efforts to be in vain..
If you still hesitate to approach court then you will keep grumbling and become frustrated every day when nothing works out your way and it would aggravate more and more every day resulting into relationship with neighbors getting soared
You may better approach court and obtain a stay order so that the progress of the construction can be brought to halt.
