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redeemer of the world   07 June 2021

Apartment Building : Setback area has not been left around the building and illegal construction of drainage tank.

Hi,

I stay in rural area of Belgaum city in Karnataka.
My house comes under Gram Panchayat.
An apartment building is in construction beside my house.
It is Basement + 4 floors apartment.

1. 1.5 metre setback area left around the building for basement+4floors , causing insufficient ventilation and barring us from natural sunlight.

2. They have constructed the drainage tank in the setback area along the boundary line between us and the drainage tank has been constructed adjacent to our water tank and it is positioned in front of our living room door ( 6.5 metre away from our front door) and as well it is not linked to gutter.
so it will lead to foul smell and leakage of drainage water n our water tank.


we requested the owner, he doesn't want to spend money anymore shifting the drainage tank.
The owner of building said we have all the permissions you can lodge complaint anywhere, even we have given it in newspapers.

we then approached our gram Panchayat. we submitted the complaint letter with the address including survey number since we don't have the house number or property number.

but gram Panchayat officials not accepting our complaint letter since it doesn't have property number and are not putting acceptance stamp and signature on the copy of the letter.

Please let me know the right approach and whether we will get justice because owner says they have all the permissions.

first time my family is facing such an issue and we don't have any knowledge and experience on what to do and whom to approach.


Thank you in advance , I will be very grateful to you for my entire life!!


Learning

 5 Replies

Sankaranarayanan (Advocate)     07 June 2021

IF the local authority not accepting your complaint then send a complaint to higher authority  and to the District collector of your district. With the support of local lawyer. if again no action been taken then file a case

1 Like

redeemer of the world   07 June 2021

@Sankaranarayanan Thank you for the reply.
could you please tell which is the higher authority over the gram Panchayat.

H.JanakiManohar Rao (lawyer)     07 June 2021

First gather information from gram panchyat office such as approval copy of apartment through RTI Act 2005.Then issue legal notice to the Gram Panchayat with a copy to Mandal(Taluk) Panchayat officer and District Panchayat officer.
1 Like

G.L.N. Prasad (Retired employee.)     08 June 2021

Every state is having a grievance redressal mechanism and online reporting.  Make a complaint to the collector if you find there are violations in giving approvals and permissions.  Wait for a month, and if there is no response file a suit against the party and GP praying for demolition.  But, in a village, you have to muster support to rule out quarrels and enmity among residents of a small village.  Most of the unrest in villages is due to land problems.

T. Kalaiselvan, Advocate (Advocate)     08 June 2021

You may first confirm the details of his plan approval, deviation in his construction, set  back space violation, legality of the construction of drainage near to your water tank/sump and the details of the obstacles which obstructs to free air and light to you  etc by submitting a letter through RTI act and after that you may make a complaint to the approving competent authority about all such deviations and the hardships faced by you.

If your complaint is not received properly neither the authorities are cooperating to help you to solve this issue, you may file a suit for mandatory injunction spraying to remove the drainage constructed near to your water tank to prevent drainage water trickle or discharge  into your  water tank  and also for easement rights 

 

2 Like

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