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Validity of NOC for constructing 4 floors in Gurgaon
14-Dec-2025 (In Civil Law)
Hi,
We have an independent house in the joint name of my father, me and my wife. Our neighbour is building stilt plus 4 floors. In good faith my senior citizen father signed the NOC (without any consent from me or my wife). Now our house walls adjoining construction site has developed cracks and the neighbour is not cooperating. What steps can I take? Can I challenge the validity of NOC as it was not signed by all owners?
There are Various legal Remedies to deal with it . Rest depends on matter.
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Thank You
Regards
Advocate Kuber Hooda
Punjab and Haryana High Court
Delhi High Court
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Adv. Kuber Hooda
Adv. Kuber Hooda
Panchkula | 700+ Answers
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As per MCG (Municipal Corporation of Gurugram) building norms and Haryana Building Code, any construction causing damage to an adjoining property is the responsibility of the builder/owner undertaking such construction. Even if an NOC was given, it does not permit causing structural damage. Further, where a property is jointly owned, an NOC signed by only one co-owner without authority or consent of other co-owners can be challenged as not binding on all owners.
You may immediately file a written complaint with MCG seeking site inspection and action for violation of safety norms, improper excavation, or deviation from sanctioned plan. You can also issue a legal notice and file a civil suit seeking injunction, structural audit, and compensation for damage. The NOC does not bar your right to claim damages or safety violations.
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Adv. Sumegh Garg
Adv. Sumegh Garg
Gurgaon / Gurugram | 100+ Answers
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Hi, you can definitely take action by filing a complaint against your neighbour. I hope you have read the contents of the NOC. Nonetheless, you can definitely say that your father is an old man and he was not told the exact contents and hence, was cheated.
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Adv. Arvind Yadav
Adv. Arvind Yadav
Gurgaon / Gurugram | 25+ Answers
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Yes definitely, forward a complaint to municipal corporation and to HUDA department if house falls in sector. Also you can take file suit for injunction before the court. Filing a suit will get you relief more quickly then any other ways. Recently k my self got relief of stay on construction against my neighbor for illegal construction.
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Adv. Shubham Sharma
Adv. Shubham Sharma
Hisar | 25+ Answers
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Since the property stands in joint ownership, an NOC signed only by one co-owner, even if he is your father, is not legally binding on the other co-owners (you and your wife) and can be challenged. You have strong legal remedies as the adjoining construction has already caused structural damage and cracks, clearly indicating negligence and violation of the duty of care. You should immediately issue a legal notice to the neighbour calling upon him to stop construction, carry out a structural safety audit, and compensate for the damage. Simultaneously, you may approach the civil court for a suit for permanent and mandatory injunction, seeking stoppage of construction till safety measures are ensured and repairs are carried out at the neighbour’s cost. You can also seek damages for property loss. The validity of the NOC can be specifically challenged on the ground that consent of all co-owners was mandatory and was never obtained, rendering the NOC defective and non est. Additionally, a complaint can be made to the local municipal authority/building department for violation of building norms, and if risk to life exists, even police complaint is maintainable. Prompt action is advised to prevent further damage.
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Adv. Neha Gupta
Adv. Neha Gupta
Kurukshetra | 100+ Answers
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