Construction of colony gate in front of my house
I purchased a plot from Himachal Pradesh Urban Development Authority (HIMUDA) in year 2004 and constructed my house on this plot in the year 2008. My plot/ House No. is 1. In the site plan supplied to me at the time of purchase there was no provision of colony gate in front of my house . But, now HIMUDA intend to construct the colony gate just in front of my gate at a distance of 20 feet. It will cause me huge disturbance especially during night when the coming vehicle will ask/ horn the watch man for opening the gate. Is there any legal provision under which HIMUDA can be restrained from this act.
Asked 2 years ago in Property Law from Hamirpur, Himachal Pradesh
1) colony gate would be installed for safety of the residents as a security measure
2) even if you move court seeking an injunction restraining HIMUDA it is doubtful court would grant you any reliefs
3) you can make representation to HIMUIDA not to install gate as constant honking of car will cause great deal of disturbance to you
1. The distabce of 20 feet is not enough to get light and air to pass to your house.
2.File a writ petition in high court seeking injunction agaisnt constructions of such gate.
3. if the gate is of small size causing not much hindrance of light and air then you will not get relief , else the court can stop such constructions.
You can file a lawsuit for injunction to restrain it from constructing the gate if it will result in depriving you of your right to peacefully enjoy the property or will create nuisance. Unless there is no alternative to the construction of gate in front of your house at a distance of 20 meters you may successfully maintain the lawsuit against it.
A. You can check the local authority bye laws which is available in the office of HIMUDA as to was there any provision towards the additional construction. In my opinion, construction of Gate from the point of residents is not illegal construction.
B. HIMUDA can make issue any circular for the benefit of residents by issuing notice to the general public. Hence, you need to verify as to any circular published in their official website with respect to the same.
You cannot restrain the authorities from providing facilities to its member residents. Neither you can object ot it. If the proposed gate is a new addition in front of your house property and if they are illegally installed and do not find place in the original plan of the layout/colony then you may file a mandatory injunction suit to restraining the builder from installing the gate in front of your house.