Action to be taken if a public building is being constructed close to wall of my house Action to be taken if a public building is being constructed close to wall of my house

1 month ago

I have constructed a new house in a newly purchased land. A piece of land behind my house belongs to an individual as claimed by him. A long time ago he has donated it for construction of buildings for public convenience. Now that building is being demolished and a new public building is being constructed just close to wall of my house. Earlier there existed sufficient gap between both buildings but now it is being constructed just close to wall of my house.I have not left land on that side. Is it legal or illegal? Since there exists an issue of safety and security as frequent cases of robbery is being reported in a queue. My demand is to keep at least 6-7 ft gap between the Wall of both buildings as it is a public building. Am I correct or not? If yes, what should I do? If no, what should I do?

Thanks.

Anik

Responded 4 weeks ago

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A.Dear Client,

Property demarcation involves physically dividing a property into defined areas and boundaries, typically conducted by the Tehsildar or Land Revenue Officer upon application from the recorded owners or by order of a court. This process includes delineating the boundaries of each property, including roads, plots, commercial spaces, and public areas based on topographical land surveys. It is a technical operation carried out jointly by surveyors from both parties to prevent future disputes. It is crucial to note that no construction is permitted between common walls dividing properties belonging to different owners. If unauthorized construction occurs, legal consequences may follow. In such cases, filing a complaint against the unauthorized construction with municipal authorities or Tehsildar/land revenue authorities can prompt necessary actions against the neighbor.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Property demarcation means physically dividing the property into metes and bounds (i.e. area and boundaries of each property will be made). Only the recorded owners of the property can apply for demarcation to the Tehshildar/Land Revenue Officer or it can be done on orders from a Court of law. As per the topographical land survey, layout marking and demarcation are done inclusive of roads, plots, commercial spaces and extra spaces for public use etc. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. The result is a record of great importance in avoiding future disputes. No construction is permissible or allowed between the common wall dividing the boundary and metes of land belonging to different owners. Your neighbor may face legal consequences for unauthorized construction if you make a complaint against the unauthorized construction against your neighbor to the concerned municipal authorities or Tehshildar/land revenue authorities.
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