Legal Question in Constitutional Law in India

Violation of CMDA rules in raising strucure over border wall.

I have an independent house, giving set back space of 5ft. from the border.My neighbor, 2 years back asked me permission to enter my premises so as to dig pile over his compound wall place for constructing open type car portico, just like I have. But contrary to his assurance when I was away from HQ he constructed staircase room with 2 floors with these pillars and this huge vertical wall constructed by him prevents natural light and air to my house and also taken away my privacy as his wall is at 5 ft.distance, and I am unable to open my windows for fear of loosing our privacy. When asked on return to HQ, he turns hostile(after the construction is complete) and continues to give troubles to me in many ways.

Is there any way to sue against him for violation of building rules for not leaving prescribed setback space at his side and closing the stair case. Kindly advice me to get rid of this continuous problem, and help me by giving appropriate section of C.M.D.A.rule/act of Tamilnadu and what counter action I could take in this regard.

Regards.


Asked on 11/06/08, 7:43 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Violation of CMDA rules in raising strucure over border wall.

File a civil suit for injunction and demolition.

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Answered on 11/11/08, 5:59 am
Yanala LaknaReddy Law towers

Re: Violation of CMDA rules in raising strucure over border wall.

You can file a civil suit for mandatory injunction to remove the unathorised structures raised by your neighbour.

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Answered on 11/06/08, 6:45 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Violation of CMDA rules in raising strucure over border wall.

You may first represent to the local authorities and request them to ensure construction of the house as per sanctioned building plans; and remove the "unsanctioned construction" which may be hurting you. Allow the authorities at least 60 days time to do the needful.

If the authorities do not respond to you favourably, you may decide to file a suit in the local court (a) seeking demolition of illegal construction; and (b) damages for the loss being suffered by you.

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Answered on 11/06/08, 10:09 am


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