Illegal shed

shivam$1 (Querist) 26 December 2017 This query is : Resolved
I want to know that according to society bylaws/Ahmedabad municipal corporation laws is temporary shed on veranda / terrace/ balcony is legal.

Our flat has a great look from our windows and balcony which had influenced our decision to buy this flat. Issue - The occupant (also the owner) of a Flat located exactly below my flat has constructed a Temporary shed (it seems to be temporary by roof but it’s length and width approx. 15*12) in the open balcony terrace.

This is causing following concerns –
It has disturbed the view from my window, as we will now have to continuously see a dirty shed with dust and bird dirt and other nuisances which may occur.

It will breach our privacy as and when the occupant attempts to clean the shed providing an inside view of my house from within the window.

It is also compromising the safety of my flat in case his home is broke open by thieves.

The sound of water during rainy seasons is unbearable.

Due to water logging many mosquitoes are breeding making us forcefully to close our windows every time.

My flat is losing the mentioned view from the Window which is above his balcony. Its losing the view as is was provided by the builder during and prior to the flat purchase.

As soon as we came to know about elevation bars being added to his balcony to construct a shed, we did inform him not to do so, as we have equal right of air, view and safety and overall appearance of the house structure from inside and outside which would get hampered with this attempt. But this didn’t help and still the occupant went ahead with shed construction without taking any proper permission from the society and AMC.

So far what we attempted to resolve this –

Verbally tried to inform the occupant that its illegal and we have an objection.
Submitted a written letter to the society office, to stop the occupant from constructing the shed and remove the elevation bar immediately. (This again at the time when just the elevation bars were added).
Dear experts, advisers and well wishers I need to get rid of this shed and need your advise

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Ms.Usha Kapoor (Expert) 29 December 2017
You file a Tort claim or suit for a Nuisance and easement case and also permanent /Perpetual injunction to your neighbor to remove the shed and stop interfering with your privacy and other various nuisance law violations your neighbor committed. Surely You'd get a relief.Please. issue a legal notice to him prior to suit of 15 days prior to suit.