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What to do if there is an objection after completion of boundary wall
03-Aug-2023 (In Civil Law)
My neighbor already constructed his Lavatory on his boundary, prior to 1980 without leaving space, for boundary compound wall at that time I told him you are senior and educated Teacher these points should not be asked you. However I broad heartedly asked him for construction of compound wall I will pay 50% cost, he told me you construct I will pay. Then I completed and asked him the cost. He intentionally kept mum. Then I understood his intention and completed boundary wall 20 feets in my plot space, without touching his space. Now he is objected at MUNCIPALITY and Comissioner rejected my house construction permission stating already constructed house. Now he approached to court for seeking demolish order. I already have given application for regularisation of unauthorised construction at MUNCIPALITY BIDAR but till this no response. Please suggest your valuable advice at the earliest. A line in reply is humbly requested.
Hi, Let me break your query into two parts.
1. Construction of Compound Wall – As your neighbor has not left any space for boundary compound wall and has constructed the lavatory on his boundary, there was some kind of mutual agreement between you for construction of compound wall. However you have constructed the compound wall in your space without touching his portion. As there was a consent between both of you for payment of 50% cost, which your neighbor has not paid you as per the oral agreement. You may file a suit in the Hon’ble Court for breach of Oral Contract/Agreement with proper evidence and witness in order to prove your claim.
2. Objection for Construction with Authorities – If your construction of house and compound wall is on an area/plot with clear titles, then no one can object or seek for the demolition order. Please approach the Hon’ble Court and file a suit for permanent injunction.
Let me know for any assistance if need be.
1. Construction of Compound Wall – As your neighbor has not left any space for boundary compound wall and has constructed the lavatory on his boundary, there was some kind of mutual agreement between you for construction of compound wall. However you have constructed the compound wall in your space without touching his portion. As there was a consent between both of you for payment of 50% cost, which your neighbor has not paid you as per the oral agreement. You may file a suit in the Hon’ble Court for breach of Oral Contract/Agreement with proper evidence and witness in order to prove your claim.
2. Objection for Construction with Authorities – If your construction of house and compound wall is on an area/plot with clear titles, then no one can object or seek for the demolition order. Please approach the Hon’ble Court and file a suit for permanent injunction.
Let me know for any assistance if need be.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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You have to file a writ petition before High Court, challenging the rejection order passed by the commissioner. Boundary wall has to be constructed leaving a setback of 3 feet. The boundary wall is a common wall , and from the common wall your neighbour should leave 3 feet. Since you have constructed boundary wall well within your boundary there is no question of any objection. As far as the application for demolition of unauthorised construction that is lying unanswered with the authorities you can seek a mandamus in the same petition.
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Adv. Vishal Pratap Singh
Gulbarga | 25+ Answers
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Some irregularities can be regularised by Municipality on imposing some fine as per bye-laws, and need not be demolished. Ask a local good advocate to rely on that provision in the Karnataka Municipalities Act and defend the case.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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