Procedure to file writ against the illegal construction by neighbour
31-Oct-2023 (In Civil Law)
My neighbour in front of my plot has done illegal construction in his plot with a view to reduce the value of my property And cunningly acquire that land for a very low price. I am unable to sell my property because of the blocks created by him. Can I file a writ? Please advise what I should do
Illegal construction can be prevented by filing a complaint before the local body which has given building permit. You must show the violations in building rules in the construction and can seek stoppage of construction. The authority will inspect the premises and is empowered to take action including direction to remove the illegal construction. Writ petitions seeking mandamus directing the local authority to take action in your complaint can also be filed.
How do I complain about illegal construction in India?
You can file a complaint with the municipal corporation against an unauthorised building. You can also petition the High Court based on Article 226 of Indias Constitution.
What is the difference between illegal and unauthorized construction?
Structures that were built without permits or in violation with the standards are not legal structures. The act of building without a permit is called unauthorised construction. The government could destroy them.
How do I report illegal construction in Bangalore?
By postal address: KARNATAKA HIGHWAYS PROJECT IMPROVEMENT, PIU 1st floor, PWD Annexe Building, K R Circle BANGALORE, 560001. Email: [email protected]. [email protected].
Public Response Center Helpline: 080-22249981 PRC is open from 10:00AM to 5:30PM every day of the week.
How can I stop Neighbours construction?
In civil court, you can also file a suit for a declaration and enforceable injunction. In the same lawsuit, you can also claim damages.
If the construction is illegal, then first give a complaint to local bodies to make an enquiry whether your neighbor has violated KMBR, or then file a suit for demolition of illegal construction. Revert if you still have more doubt.
Hai.
a writ can be filed before honble high court. But since its a completed one the risks are high. Any how it needs a local inspection n i think its time to meet your lawyer. Get a lawyer particularly civil lawyer f ur jurisdiction. Also the illegal construction defenition is to be put into physical clarification regarding how it went illegal n to wat extent.
hope am upto ur query
a writ can be filed before honble high court. But since its a completed one the risks are high. Any how it needs a local inspection n i think its time to meet your lawyer. Get a lawyer particularly civil lawyer f ur jurisdiction. Also the illegal construction defenition is to be put into physical clarification regarding how it went illegal n to wat extent.
hope am upto ur query
If the construction carried out by your neighbour is illegal, you can approach the concerned Local Self Government Institution (Municipality/Panchayat/Corporation) by submitting a representation highlighting the illegalities committed by him and request the authority to stop the illegal construction carried out by your neighbour by issuing a stop memo and also to demolish the illegal construction. After submitting the said request, you can approach the High Court by filing writ petition with a prayer to direct the LSGD concerned to take action against the illegal construction and to demolish the same.
If you believe that your neighbor is engaged in illegal construction, you can take the following steps:
- Gather Evidence: Document the illegal construction by taking photographs, noting dates, and keeping any relevant documents or correspondence related to the construction.
- Consult an Attorney: It's advisable to consult with a legal professional who specializes in property and construction law. They can provide you with legal advice on your specific situation.
- Local Authorities: Contact your local municipal or planning authority to report the illegal construction. They may conduct an investigation and take appropriate action.
- Mediation: In some cases, it may be possible to resolve the issue through mediation or negotiation with your neighbor. This can help avoid lengthy legal proceedings.
- Legal Action: If necessary, you can file a writ petition or complaint against the illegal construction. Your attorney can guide you through the legal process and help you prepare the required documents.
- Court Proceedings: If the matter goes to court, you will need to present your case, including evidence of the illegal construction, before a judge.
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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