quesIllegal & unauthorised building construction

In front of my house my neighbor has built recently Ground + 4 floors by taking only ground and first floor permission from GHMC. Three floors had been built illegally by not leaving open space for setbacks and parking area for parking vehicles. Six months back I had filed a compliant against our neighbor because they were parking their vehicles in front of my house. Even after requesting he did not listen to me and told me that he will park the vehicles here itself. GHMC people had inspected the site and they issued the notice and in this regards he filed the case in the city civil court and got a stay order and now completed his house construction. GHMC also filed a case against him. Now the matter is in the court and both the lawyers (I.e. GHMC & my neighbor) has reached to one understanding of compromise and accordingly they are following.

I would like to know whether the court in his judgment will direct my neighbor to leave open space for setbacks and parking area for parking vehicles, as he had already build rooms in ground floor. Else shall I file the case against them to get the judgment well in time frame and to follow building rules & regulations according to GHMC?

  • ansTake search warrants from court records as to the nature of case filed by GHMC against your nighbour. Similarly in respect of the case filed by your neighbour take search and obtain copies for your record. If any compromise has been arrived at, obtain COP of the said consent terms.

    It is only after going through the consent terms can it be said whether any open space is left by your neighbour for setbacks and parking area for vehicles. If you are aggrieved for compromise, move court for necessary reliefs against your neighbour and GHMC. You can claim costs of litigation.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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