My Locality Background: We live in(GUJARAT Ahmedabad) a locality where all residents belong to a particular community and we are been treated outsiders as we come from different state(its been 30+ years living in this locality). It’s always peaceful but when quarrels do occur no one takes our side and groups with other side(right or wrong). I live with my mother and one sister here.
My society comprises of 60+ tenament houses. The houses are in pairs. One side of the house shares common wall with adjacent house, one side faces the road and rest of the two sides (L shaped) are open (7ft wide) (The L shaped part is the part of the property)
7 years back in 2006/07 Our neighbour living behind our house demolished his house and made a 2 storey new house covering his part of L shaped 7ft wide area. Hence there appeared a common wall between two houses.
The neighbour had made wide openings in the common wall both on the ground floor and second floor without our consent. Openings are arounnd 8 ft x 8 ft. I guess one cannot have openings on common wall. When my mother objected, whole of community combined together and pressurized my mother and misbehaved with her. I and my sister were students that time and were outside the state pursuing our studies. Mother being alone at home. We were finally told by neighbour and society people that when we build our house we can cover the wall openings on common wall. There was no such written agreement though. Mother hesitated calling police for obvious reasons.
Now, in 2013 there has been some Law of Impact Fee for legalizing Illegal construction, which from my limited knowledge legalizes the owner’s Illegal construction by paying impact fees.
My neighbour have applied for Impact Fees(without our consent). We got to know about it when some officials from municipality came to their house for taking pictures of all the sides of their houses. They even took the picture of the common walls with the big openings.
The neighbour is not responding to our objections and we are citing some fresh disputes in the society.
But now i want to take action against him and get the wall openings covered before he legalise his construction by paying impact fee.
ALL i want is to get that wall openings closed by bricks and cement. But can the owner claim for Easementry right for the wall openings on common wall, if he does so what should i do?
Please HELP me with what should i do now. I have no idea where and whom should i approach first.
Thanks
