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Re courses after receiving notice to remove fixtures/attachments


16-Jul-2023 (In Property Law)
We are resident on the second floor of an apartment and we constructed a washroom in the setback area and we covered the open are provided for ventilation with iron bars and fiber sheet so that rodents couldn't enter.when we constructed no legal or written objection was done by the neighbours or builder as there was no building behind our apartment. Now that there is construction of a building going on behind and they have not left the desired amount of gap between our and their building. The neighbours living below us have given us a notice to remove the iron structure,fiber sheet and the washroom because their ventilation is blocking. I don't want to remove the said things and they are threatening to initiate legal proceedings against us. We have not received any notice from the builder. What should we do?
Answers (3)

Answer #1
916 votes
Don't worry !!!
Even you can take a step against them because without set back they can't construct the build as per rules and you also go legally for the same. There many more way to stop their constriction.
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Answer #2
639 votes
According to law you can not raise construction in set back and can not block the set back with other materials.Generally such condition are mentioned in sale deed.if you want your construction intact you should get regularisation of it through JDA/Nigam.
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Answer #3
689 votes
you have to remove that illegal construction from the common area. there is no legal right of your to construct anything in common area or you are not permitted to do such a things in the common area. if the other building is constructed without any setbacks than you can complain for it for the local bodies of your area.
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