OS suit OS suit

5 years ago

Sir.,Good evening do i and my neighbor has right to claim the 3ft setback space left in between the houses,my neighbor blocked both the ends of the setback space convincing me that public are passing frequently theft may occur if we do not block the way after blocking,silently he dugged a underground water sump attached to my foundation wall thus it has caused dampness to the 45 ft length wall now he says that it has been constructed more than 25 years you go anywhere you cannot get you ownership and he claims it on Adverse possession.he has not only blocked my setback space he blocked the other neighbor setback space also.my drainage pipe of 11/2 ft space is concealed with cement is running.all exhaust fans are focused towards my building thick fume smoke and oil spill are rushing in to my house,kindly advice me what to do.
Thanking you in anticipation

Deepak Yashwantrao Bade

Responded 5 years ago

A.Sir, firstly hire lawyer and file complaint of private nuicence. Also file civil suit and get injunction order from court to stop all damages done to your property.
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Nirmal Chopra

Responded 5 years ago

A.Lodge a complaint with concerned municipal corporation. If action is not taken file a writ petition in the High Court.
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ROBERT D ROZARIO

Responded 5 years ago

A.You should immediately lodge a complaint with the municipality/corporation for such illegal structure. If they don't reply or make an inspection and file a case for violation of the building rules and regulations, file a writ petition in the high court against the corporation/municipality along with your neighbour as private party. High Court will pass an order directing the corporation/municipality to take up the hearing and dispose it off a stipulated time period, after hearing both the parties. You can then take up your grievances on the following basis:-

(i) ensure all buildings receive adequate natural light
(ii) ensure sufficient ventilation
(iii) protect entities such as water bodies located close to a building from being adversely affected by human inhabitation
protect one building from the shadow of another which would other obstruct adequate provision of ventilations and sunlight
(iv) easy access to the building

Your relief lies with the corporation/municipal body, as they will pass an order of demolition of the illegal structure. High court will not go into the merits of the case when there is a forum to look after such illegality and violation of the building rules and regulations.
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