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Urgent - illegal construction & stay from court

(Querist) 15 October 2014 This query is : Resolved 
My neighbour is repairing his house, & while doing so he is encroaching common Area of the Chawl approx 1-2 Meter, while doing this, he is also making 1st Floor & that First Floor he is extending to my Gallery, I have objected this but he is not listening & says I will not do but step by step he is doing & which Blocks my Gallery & Entrance, seems he has hired a local powerful contractor he is not listening to me.
How do I stop this, I am not against his repairing work or extending of the Area, The only Issue is that it blocks my gallery which is also entrance for my door.
Should I go to Court for stay or approach Police & BMC

Police & BMC I don't trust as they are hand in glove with Contractor.

I just want him not block my view, gallery & entrance,

I have hope only on courts but want to know after effects also, can any one guide me on this
Devajyoti Barman (Expert) 15 October 2014
Immediately file a suit for declaration and permanent injunction. Apply for temporary injunction as well.
Before it is filed file an application u/s 144 crpc as well.
Meet a local lawyer fast.
Nadeem Qureshi (Expert) 15 October 2014
Dear Querist
File a civil suit for injunction under order 39 rule 1 & 2 of CPC for ex-party injunction, along with section 151 of CPC.
The BMC will be party too in your case.

The court may grant stay and restrain him to do that.

if he is already completed the construct then pray for demolition of the same.

You may also claim your damages if any.

Contact a lawyer personally with the document and map of your area and constructed area of him.

Feel Free to Call
Deepak Parmar (Querist) 15 October 2014
We are all staying in a chawl on Collector Land, where we pay Damage charges to Collector, so do this will entitled us the right to complaint or file suit in Court, as in Chawls not Proper Papers are there & properties are sold & Purchase on Stamp Papers
Devajyoti Barman (Expert) 15 October 2014
The last occupier of the land has right to sue in court. Go ahead on the points suggested above.
ajay sethi (Expert) 15 October 2014
rely upon stamped and notarised agreement in your favour . move court and obtain injunction against your neighbour from carrying out further construction . take photographs of construction work being carried on .
Rajendra K Goyal (Expert) 15 October 2014
You should move to court for stay of construction as advised by the experts.


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