Nitesh Mhaske 01 June 2021

Construction in chawl

I stay in a chawl in bandra west.
There is a person staying opposite to my house and have illegally constructed a 20 feet height house which has blocked the air and sunlight in our 6×4 feet house also he has put up a sewage pipe which is touching our window.
He claims that he has bmc permission we filed a complaint in bmc but that person has complained against us in bmc.now the bmc says they will issue notice to both.
Who can quide me on the length and breath permission also can i file an RTI to know what kind of permission this person has taken from bmc.
He has bribed most of the autorities and he has a criminal background

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6 Replies

Dr J C Vashista (Advocate) 02 June 2021

BMC shall issue notice, inspect the premises (if necessary) and hear both the parties before taking any action.

You can move to civil court for restoration of easement rights, if you have evidence that the construction is illegal and lacking proper permission of authorities concerned including BMC.

It will be better to consult a local prudent lawyer for analyses of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate) 02 June 2021

yes you can ascertain the facts by RTI and obtain the records and act further by all appropriate law

G.L.N. Prasad (Retired employee.) 02 June 2021

You can pay Rs.10/- as RTI fee and for Rs.2/- per A4 certified copy from BMC and can obtain the approvals and sanctions of any building, and you can also get a copy of the complaint against you by the other party from BMC. Depending on the facts, wait for a month for BMC action on your complaint. File another RTI seeking action taken on your complaint/grievance. Consult a local advocate for proper guidance showing him all the papers. If the other party's construction is as per approvals/sanctions of BMC, you can not do anything further. If there are violations, then there may be a scope to file another grievance petition enclosing actual photographs and copy of approvals and pointing out specific construction deviations from the plan or violations of other laws.

Adv. Morzaria (Advocate ) 02 June 2021

kindly share the copy of the notice issued by the Brihan Mumbai Municipal corporation on advocatemorzaria@gmail.com for better legal opinion

P. Venu (Advocate) 02 June 2021

Admittedly no notice has been issued. Any suggestion depends upon the Notice, if at all issued.

T. Kalaiselvan, Advocate (Advocate) 04 June 2021

You are right that you first obtain information about the permission granted to him or not by sending an application seeking this information through RTI act.

Then after confirmation of his illegal construction, you may send complaint about this to the Municipal commissioner or to the local civic authority.

Besides you can file a suit for mandatory injunction seeking easement rights for free flow air which is now obstructed due to the structure erected by him hindering the same, for the right to the free passage of light or air.