quesNeighbour raising the building, How can i stop him?

Is there any particular law to govern the building of multiple stories. I went through the Multistoryed_Public_Building_Rules_1973, I'm sure that my neighbor is breaking the law. Should I have some legal protection or witness to accuse him of breaking the said law? Do I have the right to measure his property?

  • ansJURISDICTION AND APPLICABILITY OF THE
    BUILDING BYE-LAWS
    Building Bye-Laws are tools used to regulate coverage, height, building bulk, and
    architectural design and construction aspects of buildings so as to achieve orderly
    development of an area. They are mandatory in nature and serve to protect buildings against
    fire, earthquake, noise, structural failures and other hazards. In India, there are still many
    small and medium sized towns which do not have building bye-laws and in the absence of
    any regulatory mechanism, such towns are confronted with excessive coverage,
    encroachment and haphazard development resulting in chaotic conditions, inconvenience for
    the users, and disregard for building aesthetics, etc. It is in this context, TCPO has made an
    effort to prepare “Model Building Bye-Laws” for the guidance of the State Govts, Urban
    Local Bodies, Development Authorities, etc. This will facilitate the local bodies to play
    effective role in enforcing the implementation of the Master Plans.
    You have not mentioned your grievances or the reasons for your objections or the actual problem in the neighbor's building. However the Appendix: “F” of the bye laws, the format can be filled and moved for Penal Action for Violation of Provisions of Development Code of Master Plan. You can down load the format from heir website. A normal reading of the said bye laws will make you aware of your rights and the action you propose to initiate.

    Advocate T Kalaiselvan

      Kosapet, Vellore

  • ansJURISDICTION AND APPLICABILITY OF THE
    BUILDING BYE-LAWS
    Building Bye-Laws are tools used to regulate coverage, height, building bulk, and
    architectural design and construction aspects of buildings so as to achieve orderly
    development of an area. They are mandatory in nature and serve to protect buildings against
    fire, earthquake, noise, structural failures and other hazards. In India, there are still many
    small and medium sized towns which do not have building bye-laws and in the absence of
    any regulatory mechanism, such towns are confronted with excessive coverage,
    encroachment and haphazard development resulting in chaotic conditions, inconvenience for
    the users, and disregard for building aesthetics, etc. It is in this context, TCPO has made an
    effort to prepare “Model Building Bye-Laws” for the guidance of the State Govts, Urban
    Local Bodies, Development Authorities, etc. This will facilitate the local bodies to play
    effective role in enforcing the implementation of the Master Plans.
    You have not mentioned your grievances or the reasons for your objections or the actual problem in the neighbor's building. However the Appendix: “F” of the bye laws, the format can be filled and moved for Penal Action for Violation of Provisions of Development Code of Master Plan. You can down load the format from heir website. A normal reading of the said bye laws will make you aware of your rights and the action you propose to initiate.

    Advocate T Kalaiselvan

      Kosapet, Vellore

  • ansWith out knowing the full details a opinion can be given. However the question is answered in general.

    Any violation of building rules can be taken to the court. You can not go and measure his property.
    You can first make a complaint to the Directorate of Town and Country Planning or C.M.D.A (if the building is in Chennai) for any violations you find.

    THANKS

    NANCHILL J RAJKUMAR

    Advocate Nanchill Rajkumar

      Velachery, Chennai

  • ansYou have to give more details, what is the voilation commited by the builder. Without more details it is not possible to give a detailed opinion. If you feel that they are voilating the rules, you can file a Writ by adding the Corporation authorities as party.

    Advocate V Arunagiri

      Palavakkam, Chennai

  • 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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