File complaint against the neighbour before muncipal corporation
2) if no action is taken file RTI application with PMC as to what action has been taken on your complaint
3) file suit seek court orders to direct neighbour to remove illegal shed
Illegal construction by neighbour
I have a flat on the third floor in PCMC. The person staying below my flat on 2nd floor has constructed a POP roof and covered with green sheet without the permission of the society. The owner was stopped by the society to carryout the work but the owner didnot stop and constructed the shed. Also the society has issued a notice to remove the shed but the owner is not taking out the shed.The owner of the flat staying below has caused a lot of trouble to me. He has hampering my garden view and is causing a lot of muck to be gathered in front of my flat. i want to know what action can be taken against the individual and how to get rid of the illegal shed that he had created. I have made numerous complaints to the society since 08 Dec 2019. Society called for a meeting on 02 Feb 20 and had visited my flat with all the members of the society. The Committee after seeing the shed had instructed the defaulter to remove the shed.The defaulter has till date not removed the shed and is also challenging that he will not remove the shed. The society has not replied to any of my complaints nor has acted upon the defaulters. There are many other person who have made such sheds in the society and are members of the committee. I had also had a word with the owner to remove the shed but he is not agreeing to my request and is even saying that "You can do whatever you want I will not remove the Shed" I want to get the shed removed as soon as possible because it is not only hampering the view from the balcony for which i had paid extra money but also there is muck accumalating in front of my balcony which is causing a lot of trouble. The defaulter who stays below me is boasting that he will not remove the shed as there are others who had made the shed.The sheds have been made without taking NOC from the society. What action can be taken to get the shed removed at the earliest. How can the society committee be made accountable that action is initiated at the earliest and no other person dares to make such construction without approval of the society. How to approach Pimpri Chinchwad Muncipal Corporation to remove the illegal construction made by the neighbour and what should be the course of action to get the shed removed
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
5 Answers
You need to approach the municipal Corporation for removing all the sheds in society its illegal. If not removed you can file complaint in court
1. You should first send a legal notice for removing the shed to society and owner of flat.
2. If they refuse to take any action with in notice period file suit for permanent and mandatory injunction against society and owner of flat for removal of shed which was constructed illegally without any permission.
You will have to file a suit for permanent and mandatory injunction and get directions from the court.
After not getting any response in writing to your complaint made in writing to the society about this, yo may collect the evidence and along with the copies of such evidences you may submit a complaint against the owner who is causing you this disturbance and request the corporation to initiate proper legal action as per law in this regard.
You may even implead the society as a party to this complaint and request the corporation to issue necessary instruction to society to remove such illegal constructions made in the flats by other owners.
If corporation authorities are also inactive or not taking any legal action or reluctant in this regard, you may file a bare injunction suit against the owner before the court of law to remove the obstructing structure due to which you are aggrieved.
