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Construction without consent of other floor owners
01-Feb-2025 (In Property Law)
Ours is a building wherein Ground, First, and 2nd floor are built now 2nd floor owner started construction on roof of 2nd floor claiming roof rights but no paper shown. As the building is more than 35 years old and strength of building is also not good.
Some years back Ground floor internal water pipe line get chowked and external line has been placed now he has disconnected that line .please suggest immediate action.
We need to file a civil suit for injunction and get a stay over the construction of the property from court. If the construction is causing disruption in your peaceful stay you can sue the other side in court. For any further query feel free to contact.
Thanks
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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File a civil suit for permanent injunction along with an application for ad interim injunction in the court where this property is situated to get immediate stay on the construction. Being sufficient proof along with photographs of this construction
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Adv. Vinay Redhu
Delhi | 200+ Answers
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Write a complaint to MCD officials for the same and file a police complaint as well along with it. If the sale deed/conveyance deed of the 2nd floor does not mention roof right than in that case every floor owner has a equal right over the roof and the 2nd floor’s owner cannot build any structure without the permission of the other owners and a proper permission from MCD.
For any further legal assistance please feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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The second-floor owner's construction on the roof is unauthorized without documentary proof of roof rights. You should verify the property documents to confirm ownership and rights. Given the building's age and weakened structure, construction poses a safety risk. Engage a structural engineer for a risk assessment and obtain a formal report.
For the disconnection of water supply, file a police complaint or approach the municipal authority, as cutting off essential services is illegal. Issue a legal notice to the second-floor owner demanding cessation of construction and restoration of water supply. If non-compliant, file a civil suit for an injunction and seek municipal intervention to issue a stop-work notice for unauthorized construction.
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Adv. Vishesh K Sapra
Delhi | 25+ Answers
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Since the second-floor owner is constructing on the roof without showing ownership papers, and the building is over 35 years old with structural weaknesses, immediate action is necessary. Unauthorized construction can be reported to the Municipal Corporation (MCD)/ DDA under the Delhi Building Byelaws, 1983, as it may violate structural safety norms. You can file a complaint with the local municipal authority to halt construction until legal ownership is verified. Additionally, disconnecting the external water line is illegal and should be reported to the Delhi Jal Board (DJB) and RWA. A legal notice can also be issued to restore the water supply and prevent unauthorized construction. If urgent, filing a civil injunction suit in court can stop construction and ensure water access. Let me know if you need help.
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Adv. Tejas Mehta
Delhi | 25+ Answers
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