Illegal construction & encroachment related
Tripathi
(Querist) 06 July 2015
This query is : Resolved
Dear Sirs,
I am living in the 1st floor of DDA (Delhi Development Authority) Flats in New Delhi.
My ground floor neighbor has encroached upon the drainage and also the car parking area by making it as his personal garden. I have recently complained to the authorities for the closure of the their entrance and also the removal of the encroachment.
He also illegally made a third entrance by breaking the wall.
All these happened in approximately five years back.
The President of the Association is also supporting him (since he himself has encroached the common area) and gave him an NOC stating that it is a five year old construction and encroachment and he has no objection to it (NOC).
It appears to me that the President of the association gave this NOC as a proof that the construction is 5 years old so that in case I go to the court the the suit can be dismissed due to limitation act.
I plan to go to the court but was informed that under limitation act within three years I should have filed a civil suit for the closure of the third entrance and also the removal of the encroachment.
My view is that if something is illegal it is illegal always.
Kindly clarify:
1. Does it mean that any illegal construction or encroachment done say five years back is automatically gets accepted as legal one just because it crossed the period of limitation?
2. If I go to the court, will the court dismiss my petition as per limitation act?
3. What is the remedy for me ?
4. I have heard so many news reports wherein poor people encroached on the area or made illegal construction over 10 years back etc have been evicted - both in the public and private proprieties. So, how come anyone will dismiss my suit if file it after five years of such activity.
Kindly help.
with regards,
Rananjay
Kappil Cchandna
(Expert) 06 July 2015
Sir,
Illegal construction will always remain illegal no matter what.
Limitation act, its a continuing cause of action, therefore continuous period will apply and no limitation period is over yet.
File a suit for permanent injunction and demolition of the illegal construction.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 07 July 2015
Send complaints with reminders to municipality and the DDA. File suit for permanent injunction and illegal construction.
