Residential building in industrial alienated Land
2 years ago
We have around 20 houses built in Industrial Alienated Land, and only 3 industries are running around our area. Now one of the industry people is building a new building where he was doing business by demolishing the old building. As we residents are disturbed by the industry we have complained to the panchayat stating not to allow the construction in the residence area.
But now the industry person is filing a complaint against us stating that this is industrial land and we are illegally constructing houses and causing inconvenience to the industry. Is there any way they can harm us legally? We have been residing there for the past 10 years. Our houses do not have set back and some of us have left 1 feet. Whereas the industry building is very huge around 100 m x 80 m and they have left only 5 feet set back, but they have got the same approval from the panchayat.
Will they trouble us for not letting us set back. Is there anything that can be done to fight back and will they trouble us?
You may form into association and approach High Court and get a stay order on such constructions which disturbs many families. The High Court may relocate such proposal made by the Industrialist.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes, going to a civil court for satisfaction of your concerns is a good idea. When making a decision on such a referral, the Court must consider whether the planned demolition of the building or other structure is justified under section 39 of the Works of Defence Act. It is recommended that you contact the court as a group.
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Yes it is advisable for you to go to the civil court for redressal of your grievances. In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonable in according with the section 39 of the works of defence act. It is advisable for you to collectively reach out to the court.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Agar aap ko dusri party preshan kar rahi hai ki aap usme makan nhi bana sakte hai glat hai.
Vaise aap apni property or dusri party ko apni property nirman karne ke liye full liberty hai. But agar ek dusre ke nirman se kisi bhi party ko koi problems hoti hai. Tab vah glat hai.
Vaise aap civil court me bhi case file kar sakte hai. And high court bhi jaa sakte hai.
Agar aap ko lgta hai ki answer se help mili hai tab aap rate jarror kare.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
They have rights on their properties and you can not ask them to vacate.
but you can approach HC for relief for inconvenience to your houses.
all houses should ask for relief together.
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