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Property damaged by construction in our adjoining plot what action


11-Aug-2023 (In Property Law)
Iam 73 years old senior citizen and suffering from acute asthama. I just can not go anywhere without any help. my house got severely damaged due to construction in our adjoining plot (parking + 5 floors). I had been staying with my family (three unmarried daughters) from  the last 24 years and had invested my whole life’s savings to purchase & build my house.  I alongwith my family feels harassed.  No positive action has been taken as yet.  I m staying in rented flat...surviving on penion only plz.gv legal advice
Answers (2)

Answer #1
976 votes
There are lot of factors which come in picture.That the construction done in adjoining plot is it legal?That if the construction is not legal then a criminal and civil remedy can be availed against the said plot owner,otherwise a suit for damages and injunction can be filed in the competent court of law and damages can be seeked in accordance to the balance of convenience.
Answer #2
663 votes
Sir,
You can file a complaint under section 133 CrPC to the SDM of your concerned area. He will issue the directions of causing such nuisance at once. He can even orders to the concerned SHO for stopping the same.
You can also file a police complaint before the concerned SHO in this regard, however, practically the same does not prove to be fruitful.
You can also file a case for Injunction before the Civil Courts which will issue an injunction thereby restraining them to stop such nuisance which will disturb you.

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