Construction of fourth floor due to which damage on our house.

Question

Construction of fourth floor due to which damage on our house.

16-Sep-2023 (In Property Law)

Hi, there's been a construction going on our roof, at first we were pretty okay with that but now it has started troubling us, it has created several cracks, water has started leaking from cracks which is disrupting our day to day chores n we are getting bound to switch off our appliances, please guide me to take an appropriate step

Answers (3)

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Advocate Mishika Singh LawRato · Accepted Answer · 2015-09-16T02:16:53+05:30

Answer #1

It seems like you are living in a rented accommodation. You are advised to bring all your troubles to the notice of the landlord for taking appropriate action because, after all, it is the responsibility of the landlord to ensure your uninterrupted enjoyment of the property.

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Adv. Mishika Singh

Delhi | 5+ Answers
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Advocate Narender Kumar Sachdeva LawRato · Accepted Answer · 2015-09-16T04:52:03+05:30

Answer #2

you need to find out about the sanction plan of the fourth floor.If there is no plan then the construction is illegal and you can get it stopped,sealed and demolished.Even otherwise, you can file the suit for getting the repair done and claim damages/ compensation etc.

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Adv. Narender Kumar Sachdeva

Delhi | 5+ Answers
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LawRato LawRato · Accepted Answer · 2015-09-16T06:20:21+05:30

You must inform the concerned municipal authority to verify whether the construction is legal. Though such authorities are usually slow to respond. You could file for an injunction before the concerned civil Court where you would ask the Court for an order that would stop the construction/repair work. If the work is a hazard to your safety and of those around you, you may also approach the local police station as criminal charges are also made out. Negligent conduct with respect to pulling down or repairing a building is covered under Section 288 of the Indian Penal Code.