You have to carry on construction as per sanctioned plans
Un authorised construction would be demolished
you can apply for regularisation by paying fine
Harassment by neighbour for false allegation of encroachment
Hi sir/madam, I have a property of 30*90. Recently started construction in my site. Got approval for panchayat for g+3 as it costs less compared to municipality. After basement construction completed, my backside neighbour (vacant land) (let call him Mr.x) came and told there was encroachment of 1feet in his land. I tried to convince him, we didn’t made any construction in his site. At last I applied for survey and survey person also told there was no encroachment in his site, and construction was within boundary. But surveyor didn’t gave any report to me, orally told me. I conveyed same to Mr.x also. Still he was not satisfied, gave complaint in panchayat office, municipality, sp office, collector office also. Panchayat office and muncipality office also realised there was no encroachment and told us to continue our work. Recently by using tenant rights, started complaining that construction was not going according to plan approval.deviations were there. Deviations I made is, I made a provision for lift, which was not in plan. Each floor I constructed 2 homes, instead of one as per approved plan. I am construction only g+2 even though approval is g+3 In plan there was gap along the boundaries, while construction little bit difference was there in gap. By using above mentioned deviations he started complaining (with the help of some political influence and power influence in departments) and sending notices to stop the work and demolish the building and construct as per plan. Even harassing us daily by sending panchayat staff or municipality staff daily to site and saying stop the work. Now he is planning to file a case against us for not constructing as per approved plan. Mr.x started with false encroachment to construction not as per approval. All staff in the offfice supporting him and harrassing us
Asked 5 months ago in Property Law
Religion: Hindu
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5 Answers
The neighors may be envious about your growth and development hence to satisfy their ugly and cheap mentality they may try to indulge in activities to harass and trouble you constantly with one or the other issue.
You may also be cautious about not crossing the permissible deviation in construction or else you may be in legal trouble.
If he's approaching court, it will be better for you so that the external troubles can be stopped.
You can challenge the case on merits.
Hello sir/ madam!
Cases like these need to be countered by filing counter claims in order to nullify the claims of the other party. You need to dig deep and try to find out if he has done some illegal construction on his property, as I'm sure he must not have followed all the building bye-laws himself. File your own suit and keep the litigation alive that is pending against you, till you both reach a settlement. It is pertinent to note that if the deviations are there the property is prone to demolition.
Good luck though!
- Since, you got approval for g+3 , and if there is not approval of lift then it can create trouble for you for the violation of the construction site plan.
- You can apply for the approval of lift separately
- Further, if that neighbor is creating trouble , then you can file an Injunction suit before the court for restraining him from entering in your land and creating trouble in your construction work.
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Regularize Deviations: Apply for approvals for the lift and any other deviations to avoid issues with non-compliance.
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Injunction Suit: File an injunction suit in court to prevent the neighbor from interfering or harassing you during construction.
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Documentation: Keep detailed records of all approvals and survey reports. This will support your case if further complaints arise.
