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Illegal construction behind my house
25-Oct-2023 (In Property Law)
There is a illegal construction behind my house due to which there is no proper sunlight. Complained to BBMP regarding it and the person who is constructing has political connection. So, seems like BBMP has taken no action. As per suggestion I went to a lawyer and gave all the original documents (proof of illegal construction as he has got no approved plan for constructing). Lawyer drafted and told he has submitted to the Karnataka high court and our neighbor and BBMP will get a notice soon and also promised me that the building will be demolished. Its been almost a month and still the case is pending for admission and the construction is going on. And my lawyer has stopped answering my call. I've decided to meet another trust worthy lawyer but I'm not sure if I'll be able to get a NOC from my present lawyer anytime soon. Kindly let me know what should be my next step. Can I directly go to the high court and request them to send a notice? I've been cheated. Kindly help.
TIA
IF you want to change the lawyer there is no need of NOC as per the latest Karnataka High Court Judgement. Further in HIgh Court there may be issues with posting the matter before the court but still if constant follow up is there it can be brought before the judge but demolishing in a short period may be impossible. But If I am not wrong your case is something like this. You had approached BBMP and BBMP did not respond and therefore you had approached High Court for Writ of Mandamus asking directions to BBMP to take action. The legal Process is a time taking one but still with continous efforts it may be overcome.
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Adv. Vasanth Kumar B G
Bangalore / Bengaluru | 25+ Answers
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Very good issue: it is a civil right. High court functions have some bar. Some public litigations may be permitted under writ proceedings, but not all. If there has a damage to your property, you have to file suit for declaration imandatory injunction and can seek for intrim order to stop further construction. Writ petition is not maintainable for this pyrpose. If you have not definite about the case, it is better to approach other advocate with copy of writ petition for better clarification. If, urgent, you can move memo for posting case for hearing. If you had not satisfied about the advice and work of present lawyer, it is good to change the lawyer.
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Adv. Chandrashekara Reddy K N
Bangalore / Bengaluru | 5+ Answers
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