Construction on B Khata Land
My neighbor who purchased 3 plots of 30*40 Lands next to mine and adjacent to each other, wishes to construct a G +3 "House - Apartment" via a contractor. The road leading into my property and his property is a narrow <3M Road, where only one car can pass through.
On asking to see the approvals and sanctions, the contractor mentioned for B khata he doesnt need any approvals and warned me that if I keep asking these questions, others will come asking about my approvals (my house is a 14 year old construction that was constructed when it was panchayat land, G+1). My only concern is that what ever is built on his land should be built as per the law, as I did the same for my house implementing all byelaws at the time of construction, to ensure enough ground water, adequate space for emergency situations (2 Feet all around), and to ensure no backlog of vehicles on the road. I have lodged a complaint with BBMP so far, but havent heard anything back.
What are my options if any from a legal stand point?
Asked 6 months ago in Property Law from Bangalore, Karnataka
1) file RTI application with BBMP as to what action has been taken on your complaint
2) if any constriction is carried on contrary to sanctioned plans you can move court and seek injunction restraining neighbour from carrying on construction contrary to the plans
You being the immediate can always lodge complaint with the local Municipal authorities for violation of building rules, if nay.
The law relevant at the time of construction of your house is applicable to you and hence you need not adhere to his warnings.
So go ahead and lodge complaint.
You need to file a complaint to the Tehsildar (also file again a complaint to the BBMP) of the area and also check wether this particular area comes under any municipality. If yes then there has to be a sanction plan, as yours is a 14 year old construction you need not to worry.
Best of Luck
What are your concerns about his constructions?
Has he encroached your land?
Is his construction depriving your easement rights?
Is there any obstruction to the peaceful enjoyment of your proerty due to his constructional activities?
You have not come out with actual probllem due to his construction.
You have nothing to do with the building contractor.
You have to deal with the owner only and not with the contractor.
If you have moved a complaint with BBMP you may either wait or visit their office to know the status.
Thank you all very much for your answers, questions and support :) Here are the actions that I have undertaken :-
1) Submitted complaints to Commissioner and Chairperson of BBMP and BWSSB respectively.
2) Submitted RTI (BBMP)asking for clarity if a land (B Khata), can be built upon and if a land declared illegal by High Court, if BBMP has the power to approve any such plans. <Not sure if this will be answered as this is beyond the scope of RTI, will resubmit it as "How many B Khata lands were approved for construction by BBMP, dates and such...>
3) Submitted RTI (BBMP) On actions / status of my complaint
4) Submitted RTI (BWSSB) requesting for approvals of the Borewell that is being drilled.
5) Submitted RTI (BWSSB) On actions / Status of my complaint
6) <Pending> RTI for BESCOM on how an electricity connection was provided to an "illegal" land
I have also Consulted with BMTF, however, they cant help as no encroachment of public property has occurred (yet).I have registered in both PG Portal and e-Janaspandana.
I will most likely source a lawyer here to get a stay order until I get clarity on the matter. I cant let land size that can support a max of 15 occupants be occupied to accommodate 45, without proper municipal facilities. Thank you very much for all your support.
Kalai Sir, your questions are very thought provoking, which I hope this statement will answer, "Evil prevails when good men fail to act". As such, if I notice irregularities I will question them, weather it be a 2 rupee Surchage on MRP in the milk I buy for my parents or the falsification of answer sheets by "reputed" E-Learning institutes or the "illegal" construction that is progressing. The day I forsake the right to question, would be the day I accept being a dog. No loss is greater than that of the right to question.
Asked 6 months ago
Thanks for your appreciation
Your acts done on good faith is appreciable.
My questions to yu were not to hurt your feelings but to hint you not to trouble yourself by rubbing with the anti social elements and goons in disguise of the builder/promoters.
Since your question did not contain the background of your participation in social services/activities intended to eliminate such social hazards, my questions were shot to protect your own life's safety and interest and not to embarrass you.
Well you may continue your activities in the path you have chosen and may engage the services of a good and
knowledgeable advocate to fight for your social welfare cause.