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Encroachment & Unauthorized Construction-Inaction from Govt for 20 Yrs
13-Oct-2025 (In Civil Law)
All our neighbours in the TNHB flat have done unauthorized construction in our TNHB Flat since Year 2004. My mother, aged 76 years and myself have been raising complaints with TNHB, CMDA, Chennai Corporation since 2004, but no action has been taken so far. Flat structure also weakened. We didn't do any extension and yet we were served notice by Corporation in 2018 to share all approval related documents. But again no action was taken. After that, we convinced all neighbours to understand their mistakes and from Year 2024, everyone agreed to demolish the flat and redevelop. But one scoundrel who has encroached all common areas including the terrace did a sudden U-turn and is asking us to pay 25 Lakhs to him to vacate. He had enjoyed ownership for close to 25 years after occupying common areas meant. My family has not even been able to find any value due to all this encroachments. That scoundrel was initially fine, but now he is holding us to ransom. Looking for an ethical advocate.
Dear Client,
1. You can file a civil suit for injunction and eviction against the encroacher under the Tamil Nadu Apartment Ownership Act and TNHB/CMDA regulations, seeking removal of illegal construction and possession of common areas. Simultaneously, file a police complaint for criminal intimidation and extortion.
2. Consult an advocate to discuss your case in brief.
3. You may schedule an appointment regarding your case by phone or email at your convenience.
Thanks & regards,
Priyanka
Advocate
Coimbatore
Helpful?
Adv. Priyanka
Coimbatore | 5+ Answers
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Dear Client,
Your situation clearly involves long-standing unauthorized construction and encroachment on common property, which constitutes a violation relevant to CMDA/TNHB regulations. Since the matter concerns both individual rights and common area misuse, the proper course would be to issue a legal notice to the encroaching occupant demanding removal of the unauthorized construction and restoration of the common areas.
If he refuses, you can initiate a civil suit for mandatory injunction and possession before the competent civil court, seeking demolition of the unauthorized structures and restoration of the property to its original condition. You may also pursue criminal action under Section 441 and 447 IPC (criminal trespass), along with a complaint to CMDA and Corporation officials seeking enforcement of demolition orders.
This matter requires strategic legal handling combining civil remedies and administrative follow-up. I’d be glad to assist your family in pursuing the case ethically and effectively to ensure compliance with housing laws and protection of your property rights.
Warm regards,
Yogesh b
Advocate
Helpful?
Adv. Yogesh
Chennai | 5+ Answers
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You can file a civil suit for injunction and eviction against the encroaching neighbour before the Civil Court seeking removal of the unauthorized construction and restoration of common areas. Simultaneously, you may approach the Chennai Corporation and CMDA with a written representation enclosing prior complaints to initiate demolition and penal action under the Tamil Nadu Town and Country Planning Act, 1971 and Chennai City Municipal Corporation Act.
If redevelopment is stalled due to his demand, you can also seek a court-appointed Advocate Commissioner to inspect and report the encroachment. This will help the court issue mandatory injunction orders.
This legal route will protect your rights, ensure redevelopment proceeds legally, and prevent coercion or extortion by the encroacher.
Helpful?
Adv. Venkatakrishnan A M
Chennai | 5+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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