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House construction

(Querist) 24 October 2014 This query is : Resolved 
Hi,

Just needed some information.

I have a site 22’*21’ (Width 22’ and length 21’). One of my neighbor. He has constructed a house(long back) in his
site 35’*21’(Width 35’ and length 21’) WITHOUT LEAVIING SETBACK ON ANY SIDE. Towards my side also his WALL is there(no setback).
Now I am constructing a house in my site, he’s demanding me to leave setback i.e. 3’. I told him, my site is small .
Width is just 21’. yours is 35’, but still you have not left any space of setback on any side, how come u r asking me
to leave setback. He’s not at all understanding. He’s lodged a complaint in corporation , now my house construction is
stopped. I just want this clarification. I cannot leave any space for setback since the site is small. How can I
proceed ?

I know leaving setback and constructing house is helpful for us only. but with this small site i cannot do so.
plz guide me. Thanks.
ajay sethi (Expert) 25 October 2014
you lodoge counter complaint against your neighbour with muncipal corporation to demolish construction made by your neighbour contrary to sanctioned plans . your neighbour was bound to leave some area for setback purposes . if Corporation does not take action move court in this regard
Rajendra K Goyal (Expert) 25 October 2014
Lodge counter complaint, Use RTI to know how the constructio by neighbor was regularised when he did not observe the building sanction plan. Prey for demolition.
vinaym (Querist) 26 October 2014
I have one more doubt. He has constructed his house in 1994. Almost 20 yrs back. Is it possible to lodge a complaint in corporation . Plz advise on this. Thanks.
ajay sethi (Expert) 26 October 2014
yes you can lodge complaint if construction has been carried out contrary to sanctioned plans
T. Kalaiselvan, Advocate (Expert) 27 October 2014
If the construction of your neighbor has been deviated and contradicts the plan, a complaint can be very well be lodged against him, this counter action will make to him to come over for the talks across the table.


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