I am looking for Property development and construction lawyers in Karamsad, Anand, Gujarat. Our is planned society built in early 70s with 350 Sq Yds of plots. Recently few properties have changed one of them being of a neighbor right behind my property. The neighbor is building his new house just 2 ft from compound wall separating our plots. We all existing residents have at least 10 Ft space from compound walls of adjacent neighbor's and 15 Ft space from Roadways. I want to bring immediate injection to stop the construction by new neighbor for building in violation of open space requirement. Which jurisdiction/ agency of GUDA has authority to issue such stay order.
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2) complain to muncipal corporation against unauthorised construction
3) file RTI application and obtain copy of his sanctioned plans
4) if no action taken by authorities file suit seek injunction restraining g neighbour from carrying on construction adjacent to your compound wall
You can give complaint to the competent authority about this illegal construction.
If the authority is not taking any action then you can approach civil court with a suit for injunction.
Only court can pass an injunction order.
- As per law, the said neighbor cannot construct on the open space
- Further, if he is going to construct then it is the duty of the society/authority to stop the same , and not issue the NOC for the said construction.
- You can issue a notice to the said neighbor for stop the construction , and if not complied then file Permanent Injunction suit before the Civil Judge for restraining; him from making any construction on the open space.
you can approach civil court and seek injunction in said case on merits
The local municipal corporation is the competent authority which approves building plans and issues building licences. You need to lodge a written complaint with them duly supported by all relevant documentary evidence such as video recordings, photographs etc. Also, issue a notice through a competent lawyer challenging your neighbour's action and threatening further legal action in case of any further violation.
Dear client I am sorry to hear that but in this case you can file an application of interim injunction before the court
I have follow up question to your answer. In India and specifically in Gujarat state what is typical setback requirement in FRONT, REAR, LEFT & RIGHT sides of plot for building wall from property line for single family bungalow development. R1 residential area?
In case of Residential Use,50% of the Common Plot may be allowed to be used as parking space including drive way and aisles. Parking in common plot shall be permitted in road- side margin after leaving minimum 1..5mts from the Building unit boundary. This minimum 1..5m shall be utilised for shade giving trees and plantation purpose.
6. In case of 'all other uses except Residential Used, complete area of the Common Plot may be allowed to be used as parking space including driveway and aisles. Such parking shall be permitted in road-side margin after leaving minimum 1.5mts from the building-unit boundary. This minimum 1.5m shall be utilised for shade giving trees and plantation purpose.
consult a local architect
A structural engineer or a civil engineer in the local will be having the details of correct specifications with regard to the construction of house with the permissible set back space and other issues involving the construction of house. you can contact on e in the local and take a decision as per law if there is any violation by your neighbor.
You need just permission from the authority to do so
Please be guided by my earlier advice.