Common wall nahi fir bi deewar todke  8 inch  fodke usme toilet cheber banavaya Common wall nahi fir bi deewar todke 8 inch fodke usme toilet cheber banavaya

3 months ago

Sir padosi hamara jagh per compond our deewar todke bina common wall firbi fodke toilet banaliya hai 8 inch age bi deewar banvaliya hai kya kar sakte hai kanuni salah deatil se dedo hum pade likhe nahi hai nahi kanuni janakari

Anik

Responded 3 months ago

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A.Dear client,

A common wall is constructed so that its centre line lines up with the plot lines of two nearby plots. Whichever of the two adjoining plot owners builds his house first creates the common wall, aligning the wall's centre line with the plot line. Construction of the common wall is permissible as long as it benefits both neighbours and is not motivated by a self-serving desire to own the newly constructed wall. Buildings age and require reconstruction, so it is not illegal to rebuild the wall. This was stated in the case law Sardari Lal Gupta vs Siri Krishan Aggarwal.

You may file a complaint to the nearby corporation or you can serve a legal notice signed by a lawyer. Futhermore you can file a civil suit for injunction. Injunction means to stop something.

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A common wall between the two houses is considered a demarcation of land and no construction or demolition on said demarcation is allowed under the state-specific Land Reforms Act and Municipal laws. So, given the situation, you should bring the matter to the concerned authorities for necessary action against the errant neighbors and additionally, can file a suit for a declaration and injunction before the Civil Court claiming compensation against the damage caused by unauthorized demolition and construction on the demarcated land by the neighbors. Reach out to an Advocate for guidance and steps.
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