• Additional Construction done and objection from others now

Dear Sir / Mam, 

I have re-constructed my home in year 2007 and additionally build on non-used land beside my plot (land is approx. 2 X 20 feet) we build wall on extended land. My home is at Corner and after that other Society Wall starts, Since build no one objection on it but now due to water logging in main society road, neighbors raise their objection for construction on free space area, they raise their objection that due to construction on free space area we suffering water logging issue in society but actually earlier water not passing through that space area.

Just now some one complaint to Society Office that they have objection with illegal construction on free space.

Can some one guide me for what will happen and how to tackle with such complaint and how to buy that free space ?

Many thanks in advance.

Best regards, 
Ashesh
Asked 11 months ago in Property Law from Vadodara, Gujarat
Religion: Hindu
1) your construction is illegal as you have encroached on the free space of society

2) you would be issued notice by society to demolish unauthorised construction made 

3) if you fail to do so they may move court for demolition of illegal construction 

4) in addition complaint would be lodged with municipal corporation for demolition of construction made by you 
Ajay Sethi
Advocate, Mumbai
31107 Answers
1706 Consultations

5.0 on 5.0

If you made construction on the land that was not owned by you then it can be demolished by the corporation on a complaint filed by any member of the society or the area. Furthermore, you can be criminally prosecuted for criminal trespass. The vacant land can be bought only from the owner. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

Constructing or raising a structure on an available vacant land which actually do not belong to you is nothing but an act of encroachment. 

The encroachment may be considered as an offence under anti land grabbing act too,

To whom does this land belongs?

Did you obtain permission or a NOC from the owner of the vacant site, it may be even your own society or the neighboring society?

If you have not obtained permission or NOC but have built a wall or any structure on the vacant land  not belonging to you, it may be termed as an illegal structure and liable to be demolished. 

Even now, you may obtain permission for the owner and agree to  arrange for easy passage of the water logging , and remove the  obstruction obstructing the free flow of water even during heavy rains. 

Since you are at fault, an amicable settlement shall be the  best solution for this. 
T Kalaiselvan
Advocate, Vellore
21255 Answers
208 Consultations

5.0 on 5.0

Don't go what will happen. better to sort out issue with society approach the society and put your proposal of buying land 2 X 20 feet they have to accepts, as other wise resist them by filing OP and Caveats. 
Lakshmi Kanth
Advocate, Hyderabad
348 Answers
2 Consultations

4.8 on 5.0

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