Illegal Construction at Terrace done by top floor owner and let out
11 months ago
My building consists of stilt parking at ground floor, the upper ground, first, second, third floor and then terrace (parking+4 fully constructed floors+terrace). I am owner of Upper ground and first floor. Third floor owner (having roof rights) has illegally constructed two bedroom set along with a Kitchen and two bathrooms on terrace and also covered most of the terrace with shed without any sanctioned plan. As per sanctioned site plan by MCD there is no construction on terrace. Now he has even rented this ‘Extra floor’. We have complained online as well as offline against this to MCD 2 months back, filed RTI also, sent mails too, no action has been taken by MCD so far. Now he has started harassing us by involving local minister’s goons, threatened us numerous times.
Please guide me, what action can be taken against this. Any stay against tenant or demolition of illegal construction, what remedy is there for us?
Terrace is common for all the residents of that building and such construction is illegal you and your other members of the society may get issue a legal notice and settle the matter.
When concerned deptt is not cooperating you in your complaint in such a situation either you may approach to higher authority or reach out to an Advocate for a resolution in the matter.
As per the information tou have given it is advisabe to you that you can file a suit againt them for temporary injunction under CPC 1908.
for better clarity reach out to an advocate.