NEED FOR URGENT LEGAL ADVICE.

Dear Sir/Madam,

I intend to initiate a civil case against a person who has illegally constructed two rooms on the roof of my G+3 storied flat. He is not the landlord or land owner but just owns the third storey flat. I own the 2nd storey. He is an extremely arrogant and rude person and has been threatening me and my family for the last 8 years. He recently locked the terrace and denied us entry saying that since he has a room on the roof we shouldn't come on the roof. We decided that enough is enough. For the last 8 years we have lived in fear and their domination. I then took the decision of getting that illegal room DEMOLISHED.

So we then consulted the ward Councillor, Building department and then police. I also wrote to the CM, and the matter is now with the senior inspector who has assured us that he will investigate. In the meantime, the roof can be accessed now. The police told him to report to police station but he has said that he will come with the lawyer after 15 days.

I urgently need sound legal advice.

1) Our agreement and mutation document has a line - 'second party/purchaser is not entitled to use 200 sq ft area of southern portion of roof'. Only this much. Nothing and nowhere it is mentioned that a) promoter is selling the area, b) third floor is buying the area, c) that third floor intends or will construct a shade or a room in the designated space. When we bought the flat, there was no room on the roof. It was constructed only recently. Because we were intimidated by him, we couldn't protest against it then.

2) I have studied the building rules of KMC. It is written that no structure can be built on the roof/terrace and also the total area cant be occupied more than 10 sqm of the roof. He has occupied around 247 sq ft.

So my queries are -
a) Is my process till now appropriate?

b) Since he has given excuse for 15 days, is it possible that he can find a loophole or exploit? Is it possible that he can legalise it from KMC by paying some kind of fine? Also what kind of legal loophole he will be taking advantage of ? I just want to anticipate that and proceed accordingly.

c) Can KMC legalise it without considering that such a construction can compromise the structural integrity of the flat building?

d) Moreover, nobody knows what he does. But he owns a lot of money evident by the lavish lifestyle he exhibits. He leaves city 4-5 times a month with heavy bags everytime for 3-4 days. This room of his on terrace is always locked, has opaque black windows and is steel grilled from all four sides. We find this fishy. Can we approach some kind of legal investigative authority to look into it?

Sorry for this huge letter but our very own lives are at stake here. So any kind of legal advice would be very much welcome.

Thanking you.

Yours Truly,
A troubled Honest Indian citizen.