Puneet Singh Kainth (Sr. Engineer) 14 November 2011

Legal recourse to damage caused in construction next door

Dear Members, Please help

There is demolition and reconstruction work to be started in my next door, and somehow I have got to know from owners that the builder is planning for a basement and stilt parking arrangement. But as per master plan Delhi 2021 both cannot co-exist. One can opt for either of the options. (Please correct me if I am wrong).

Now the question is how can I ensure that such deeds of the builder does not harm my property. As if they Dig 7 foot for the basement and further 4-5 foot for foundation my property might be damaged structurally. As my house does not have any parking or basement arrangement and has 7foot foundation. Also there would be seepage problem.

Prior-hand What legal recourse could I opt for so as to ensure that there is no damage due to seepage and concern explained above?

How am I protected by law if this thing occurs? or if I am harassed by the builder?

Can I take a stay on construction and handle this matter legally?

Can I ask for master plan for their property?

The location of my Home is in B6 Extension Safdarjung Enclave New Delhi.

Thanks and regards,

Puneet Singh

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2 Replies

(Guest)

No,they can't do it without the permission of neighbors even though they've got permission from Municipal Authorities. Do the following:

1. Ask them politely but in India politeness doesn't work.

2. You are entitled to their Building plans which must be in consonance with High Court Judgements as well as the Master plan.[Regarding residential areas and commercial centers]

3. Building laws byelaws cannot be overlooked. I'm given to understand that there are criminal offences regarding certain types of bulidings.

Report to Lt Governor with CC to Municipal Commisioner

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niranjan (civil practice) 14 November 2011

First it is better to give your complaint to the authority who sanctions construction plan and ask them they should take proper measure not to damage to your property and also give the same notice to the owner.Take certified copies of the plan and rules pertaining to construction.If your demand is not sastisfed you can file suit and seek tempoprary and permanent injunction.

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