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Possible actions against unlawful encroachment
15-Jul-2023 (In Family Law)
The open area provided to us for air and light in our flat is blocked and covered by our neighbours living above us. Builder who has undertaken in the sales deed that no such encroachment will happen has refused to take any action. The neighbours have also constructed a washroom in the setback area which is illegal constution. We sent a notice to the party, builder and Jaipur development authority regarding the same. No action has been taken by anyone yet and the builder has sent a reply saying that he is not a party to this and he should not be harrassed by sending such notices. We are suffering from this problem from a month and it's affecting our health both physical and mental. What should we do?
File complaint before JDA tribunal against wrongdoer including builder.wash room constructed in set back area is deserves demolition.file specific case in tribunal definitely you get relief from their.
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Adv. Amit Singh
Jaipur | 100+ Answers
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My dear friend , as you stated it is very shameful that a neighbour has been done encroachment, you have already given a notice to all the necessary parties so now you can file a suit for permanent injunction and mandatory injunction against such persons. with this action you should also approach to the police for action under section 107 and 151 crpc.
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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it is very important to know as to under whose jurisdiction the land comes up, meaning thereby that under which authority the land vests. then second step is looking into the byelaws of that authority. the authority provides for the statutory remedy. it is because the authority is the creature of the statute and hence the remedies with regard to filing of complaint or suit shall be provided therein.
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Adv. Siddhant Jain
Jaipur | 25+ Answers
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