Setback area violation by neighbour
Senthilkumar
(Querist) 24 July 2014
This query is : Resolved
All,
I have a a residential plot in a different city. During my recent visit i noted that one of the neighbor constructed a house without leaving any setback area on any of the sides. I have my plot next to his building. He has already constructed the building wall until his land without leaving any space. I don't have any plans to construct the home now. i may be constructing after 2 years. Can i make the complaint when i start constructing the house. Also how about the minimum required setback area for my house?. Do i need to leave the required space between the building s completely from my plot?
Thanks in Advance!!!
Devajyoti Barman
(Expert) 24 July 2014
Lodge a complaint of demolition with local Municipality for violation of sanctioned plan.
If Municipality does nothing then file Writ petition in high court.
ajay sethi
(Expert) 24 July 2014
agree with Mr barman
ajay sethi
(Expert) 24 July 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 24 July 2014
File complaint to demolish the unauthorized construction. Do continuous follow up with the authority.
If no response file writ petition as advised by the expert.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 24 July 2014
If BMChas approved it means they have taken care of. If u r sure not report complaining same.
Dr J C Vashista
(Expert) 25 July 2014
Is it mandatory to leave setback area on any of the sides when your neighbor constructed his house? What does the law (municipal) prescribe, please find out from a local lawyer or municipal authorities.
If it is compulsory just request the neighbour to leave set back area for benefit of both the neighbours.
T. Kalaiselvan, Advocate
(Expert) 26 July 2014
If the building has been constructed deviating beyond the permissible limit especially without leaving the space meant for set back, an action suggested by expert Rajendra K Goyal may be followed.
