You should approach a RERA tribunal. Lodge a complaint against him there. Your case would be heard expeditiously.
Unauthorized Construction by the Builder
We purchased a property (land and building) in a gated community in 2011. In 2012, the builder constructed a small house to one side of my house which is at the end of a lane in the community. It did not block the entry to my house, but certainly it was a thing which was not as per the plan which he sold to me and attached to the agreement. I was out of India then, but wrote several emails objecting to the unauthorized construction which did not yield any result. The builder's intention is to expand as he is acquiring more land adjacent to my home, thus it blocked the end of the lane thinking that I may use the space. As per the plan, the lane ends at the boundary wall, there was no scope of any construction there. After return to India, we were hoping that the roads would be handed over to the municipality and they would demolish the structure, but it is not happening soon. I am thinking of challenging the builder at all the available forums. Or, I can demolish the structure and be an accused/defendant. If my not complaining to the police or court from 2012 to 2020 will be an issue ? If my case will be weak based on doctrine of acquiescence ? Could I approach consumer dispute tribunal ?
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
File application with muncipal corporation and obtain copy of sanctioned plans
2) file complaint with muncipal corporation if construction is unauthorised
3) if no action is taken on your complaint file suit seek court orders to demolish unauthorised construction
Yes your case is good for consumer forum for deficiency of service.
- As per rule , the Developed/builder shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- Further, no structure of any kind whatsoever temporary or permanent shall be erected or fence/partition put up on any common area that may obstruct, or impede free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats
- The construction of small room adjacent to your house by the builder is itself is against the rule , and further not taking the consent from the flat owner , whose peaceful life being disturbed is also illegal.
- Further , the builder cannot build any additional structure without the proper approval of the competent authority like municipal corporation etc.
- Hence, you can lodge your complaint against the builder with the municipal corporation ,and can also file your complaint in consumer court as well.
- Further , you can also file a suit for Mandatory injunction before the court as well to remove the said constructed small room without your consent.
Illegals construction. Complain to municipal office enforcement wing. They will come and demolish the house.
If not demolished than so understand builder bribed the officer.
Last remedy, civil suit in court for demolition of illegal construction. If society formed than society by resolution can demolish it.
No it will not be an issue of late complaint
File a complaint in the consumer court first
1. Well any construction of permanent nature which is made without approval of local authority is illegal and hence liable for demolition.
2. Si you can lodge complaint with local authorities for demolition of the sais structure in default of which you have the option of filing writ petition in high court.
3. Another alternative is to file case before the consumer forum seeking recovery of the common space encroaching of which the builder has set up the said construction.
You should have taken action at that time itself when you came to know about this illegal construction.
However even now you can challenge the same by filing a suit for mandatory injunction agaisnt the builder and seek removal of the illegal structure by demolishing it.
You can state that since you were out of the country hence you could not initiate any legal action immediately hence the delay in approaching the court for this relief may be condoned.
Consumer court of police may not be of any help to you in this regard, hence the relief is available with the civil court therefore your option is to approach civil court only in the absence of any legal steps taken by the local civic body about this on your complaint.
If the builder is coming up with construction dehors the building plan/building bye laws applicable, you may write to the concerned competent development authority, which had approved the layout of this project the first place. They competent authority has to check this illegal construction/encroachment according to the applicable urban planning and development laws; failing which you’ve the option of approaching the High court in a writ petition
1. You have no authority of law to demolish a structure which has not been erected on your land.
2. The remedy in your hands is to file a suit for mandatory injunction against the builder and competent civic agency which has issued the approval to builder. Court can direct the competent civic agency to demolish the structure.
3. Police has no role to play in this as the dispute is entirely civil in nature.
4. Consumer Forum will not have jurisdiction as there is no deficiency in service by builder qua you.
Dear Sir,
The best course of action would be first to write to the executive committee of Apartment Owners Association or society management (if it exists ) of that gated community against the builder. If such association of society does not exists, the write to district magistrate and Superintendent of Police along with District Development Authority regarding unauthorized construction of builder. If the things are not solved, approach District Court of area making the authorities as parties.
1. You should first complaint to municipal authorities for illegal construction by builder and ask them to demolish the structure.
2. If they doesnt take any action then You should approach court aa soon as possible against illegal encroachment and construction on road by builder.
2. Also make municipal authorities as defendant to the suit claiming that they didn't take any action on complaint filed by you.
you can always file a case before the concerned adjudicating authority for their wrongful acts done.
Further there are plenty of similar remedies available to you in this context.
No, you cannot demolish the structure.
No, you can take explain the back ground and your non availability in India, and that, you are diligent in trying to stop him from illegal construction.
Firstly, you obtain the certified copy of plan of the layout from concerned corporation, on satisfying about the exact position you can initiate proceedings.
You need to lodge complaint with the corporation to demolish the unauthorized construction, if they fail to take action you can file writ before the high court against the concerned department and also the builder.
