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Query about a FSI violation in an under construction building
04-Nov-2023 (In Property Law)
Respected Advocates, There is new under construction building work going on adjacent to our home, as per ulhasnagar muncipal corporation approved plan there should be marginal space of minimum 10 feets from all 4 sides but builder has left merely 2 feets & made violation of 8 feets from all 4 sides, which is affecting our light, Air, Privacy, our property value , we are staying last 40 years so our easement rights are affecting , we have made complaints to Ulhasnagar Muncipal Corporation + Ward area Office + District Collector + Chief Minister of Maharashtra + Anti Corruption Bureau + Tehsildar + Deputy & Assistant Police Commissioner local police + Mayor of city , We have also send Lawyer Notice to Ulhasnagar Muncipal Corporation + Builder for demolish the illegal portion , But no response from anywhere , for local civil suit our lawyer advised to wait for 30 days from notice period , is there any other source for early releif....?
Once you filed legal notice its a better idea to wait for reply filed by other party later file for interim relief and other remedies.
also no one can infringe your rights and also once notice period is over can file case
also no one can infringe your rights and also once notice period is over can file case
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Adv. Shashank Choudhary
Navi Mumbai | 25+ Answers
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Immediately you should approach to civil court and resist civil suit against the builder under specific relief act for obtaining permanent & temporary injunction against bulider. If you want declaration of your right then you have to wait for 2 months from receipt of notice. It is not mandatory to wait for 2 months for obtaining permanent injunction. So ,kindly file civil suit.
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Adv. Vishwajit Yeshwant Pawar
Ratnagiri | 25+ Answers
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