• 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 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

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

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Dear Concerned,

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

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

Thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer