Property heist

Sourav Ghosh (Querist) 14 December 2011 This query is : Resolved
Sir/Madame'

We own a house over a 4 cottahs of land (ancestral land) adjacent to Howrah, West Bengal. And we have a common passage with a right of using that passage along with our neighbor Mr, X. He however blocked our door of the passage partially and has set-up a gate alongside our property penetrating to our property wall. In 1995, he was condemned by the Hon. High Court of Calcutta to open it and remove the wall from our door or to face arrest after he lost the case. He did it temporarily but again had built a same partial-wall over our door illegally violating Hon. High Court’s rule after 5 years. We have all the legal papers and proof pertaining to our property and we pay our municipal taxes on time but he doesn’t have any papers or whatsoever. In the meantime, we didn’t took any proceedings as he came to our home and pleaded sorry and we thought, “so, let it be as we don’t want trouble and proceedings again” but they kept the gate and walls unmoved. Those are still there. This time we are planning to renovate our house and add one more floor over it, and we fear that he might not let us do that. So in that that case, can the proceeding be initiated again? I will be very happy and privileged if I can get some advise on this.

Thank You very much

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ajay sethi (Expert) 14 December 2011
if your neighbour has violated high court orders he is guilty of contempt of court . you cna take contempt rpoceedings against him .

as far as renovation of your house is concerned and adding additional floors are concerned obtain permision of Muncpal corporation . have the plans sanctioned .

if your neighbour creates problem draw the attention of court to building plans being sanctioned by corporation .

Guest (Expert) 15 December 2011
Agree with Shri Sethi.

Sourav Ghosh (Querist) 15 December 2011
Sir (Mr, Sethi & Mr, Dhingra),

Thank you very much for your advise(s). We already have our plans sanctioned by the corporation earlier this year. Last day, I took some photographs of his alleged set-up of gates and doors conjoined to our property and will produce them in court as we start with the contempt proceedings.

Thank You very much again,