Injunction
raghavendra
(Querist) 15 November 2011
This query is : Resolved
sir.
in the year of 1992 my father has constructed building and started one steel fabrication industries . and in year of 2004 that industry the was closed, there after my father stoped to pay the tax to grampanchayat , and took one more permission from same gramaapancahth saying that that buliding has fragnented now i want construct new building and achieved to obtain permission , factual situation was there was a building in that place ,
now adjacent land owner constructed building by violating all pancahyt rule ( as per the rule before construct the buliding he should have to keep 5 feet gape to all four side , but he violated this rule ,
i have given one notice saying that because your building i suffering lot for ventialtions .. he replied to my legal notice that as per the law there is no building ( can we produce the photos to the court even throught building is constructed without permmission or not paying the tax ,
in this regard can i get some judgments
i want to file case against him .. can i get permission from the court to vacate the building constructed by pancayatbrule violating (building is in his land but he not left 5 feet arround as per panchayat rule )
tahnking you
Advocate Rajkumarlaxman
(Expert) 15 November 2011
Even if building was not there or is not there then also he has to leave space for ventilation. you have easementary rights yo ucan always move against him in the court of law and file case i.e suit for injunction and declaration.
Advocate Bhartesh goyal
(Expert) 16 November 2011
Your neighbour has to follow the bye laws of Panchayat irrespective of that your building exists or not.File asuit as advised by Mr Rajkumarlaxman.
prabhakar singh
(Expert) 16 November 2011
When the building has ben already constructed
what for any suit of injunction shall now lie
by any neighbor for easementary rights unless demolition is also sought but for that relief he shall also plead estoppel against you.
I think the suit should now be filed not only against him but also against Panchayat after serving them notice asking them to demolish the construction,notice might be necessary legally dueto respective Panchayat Raj Act.
Delay defeats equity may prevail if Panchayat is also not made party in the proposed suit.
Shailesh Kr. Shah
(Expert) 16 November 2011
you can go as advised by both experts. It is to be noted that you are also not cleaned hand, it may be raised by your neighbor.
Rajeev Kumar
(Expert) 16 November 2011
I agree with Mr.Sailesh
raghavendra
(Querist) 16 November 2011
while constructing my building i have followed panchayat rules..than in what manner i m not in clean hand
raghavendra
(Querist) 16 November 2011
in case i want to file suit by adding panchat as one party ,where should i issue notice .(it is grama pancahyat in karnatak)
Shailesh Kr. Shah
(Expert) 17 November 2011
notice to be send u/s 80 CPC. you are advised to engage local lawyer. he will do needful for you.
raghavendra
(Querist) 17 November 2011
to whom the notice through lawyer is to be issue, this is gram panchayat
prabhakar singh
(Expert) 17 November 2011
It is not only 80 CPC notice that would be required but also there shall be a necessity
to serve a notice under respective State Panchayat Raj Act which is also generally for 02 months but section is so designed that suit must be filled just within 06 months from the date of service of the notice otherwise the cause of action against the Panchayat gets abated.A similar notice provision is also found in municipal laws.
prabhakar singh
(Expert) 17 November 2011
"to whom the notice through lawyer is to be issue, this is gram panchayat"???
Answer:
To the head of the Panchayat Body and its head.
Before issuing the notice you lawyer if unknown should check with Panchayat Raj Act Of the State and should accordingly act.Generally the head of Panchayats are called sapanch.But you should not take it for granted as state are not uniform on their law making policy.
prabhakar singh
(Expert) 17 November 2011
One thing more The notice shall be to state through DM[district magistrate and to panchayat body and its head.The preferred practice is to draft the plaint and attach the same with notice so that no lacuna is pleaded with regard to contents of notice in suit proceedings.
A mandatory injunction should be sought against state and panchayat to take steps of demolition of illegal construction in question in accordance with its rule and by laws.
prabhakar singh
(Expert) 17 November 2011
If only Panchyat and state has to be involved then the objective can be achieved even by a writ directly in the High Court.
All aspects should be discussed.Here we have very limited scope for guidance.
Consultation across the table is entirely different thing.
raghavendra
(Querist) 17 November 2011
thank you very much prbhakar singhji for your valuable advice . thanks to all ....
prabhakar singh
(Expert) 17 November 2011
most welcome gentle man you are always!
