Porta cabin building by neighbour on terrace

720 votes

construction of a pota cabin on the building is totally illegal you can file a civil suit ask the court to demolished the unauthorised construction and restrain/ stop the opposite party from doing further illegal construction warm regards Rahul Kumar Singh advocate

Advocate Rahul Kumar Singh LawRato

790 votes

If your neighbour is constructing a cabin on the roof (chhat) and a portion of that roof is jointly owned by both of you, then they cannot make any permanent construction or alteration without your written consent. Any such construction without approval from the local municipal authority or housing society is considered unauthorised and can be challenged. Since you are already residing on the 5th floor and their new cabin may cause disturbance, discomfort, or privacy issues, you have the right to object. You should first send them a written notice asking them to stop the construction or to change the entrance of the cabin so that it does not cause inconvenience to you. If they ignore your request, you can file a civil suit for injunction in the local civil court, seeking an order to stop or remove the illegal construction. Additionally, you can lodge a complaint with the Municipal Corporation or local authority (e.g., MCD, NDMC, or DDA in Delhi) to inspect and take action against unauthorised construction. A “pota cabin” or temporary structure on the rooftop is not legal if it lacks municipal permission or structural safety approval. Therefore, unless they have obtained proper sanction and your consent, you can legally challenge the construction to protect your rights and peaceful possession.

Advocate Ashish Kumar LawRato

696 votes

If the roof (chhat) is jointly owned, your neighbour cannot construct any permanent cabin or structure without your written consent. Such construction may be illegal if done without municipal permission or society approval. You may file a written complaint with the local municipal authority to stop unauthorized construction. Also, you can send a legal notice asking them to remove or shift the cabin entrance to avoid disturbance. If they continue, a civil injunction suit can be filed to restrain them from encroaching upon your portion of the terrace.

Advocate Madhvi Chopra LawRato

525 votes

You can file a civil suit for partition or injunction, complain to the RWA or municipal authority, and seek mediation to stop use of their side and ensure separate terrace access. 1. File a civil suit for partition to demarcate terrace portions. 2. File a civil suit for injunction to stop use of their side as passage. 3. Complain to RWA or municipal authority about obstruction or misuse. 4. Seek mediation or settlement to agree on separate access arrangements.

Advocate Aditya Kumar LawRato