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Rajkumari (asst)     22 May 2014

Illigal construction on my building wall

Hi This is Rajkumari I got a very big problem , My house is buil in 1955 & my my both neghibor dont have his own wall they built there house on three wall with using my two storege building wall. Now they start to built there new home but they are breaking my wall which is stand in my plot limit I took court stay but nothin g is happend construction is beyond limit municipal corporation in maharshtra never take any action even police also not supporting me because they are having political support. Even my advocate is not working properly because they also get him I am in Gujrat please suggest me what to do ?



 1 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     27 May 2014

Your neighbors have no right to construct their building over your own wall.

 

Since they are constructing the building even after  you have already obtained (stay) Injunction order from the Court, no doubt, you can move the court to take action against them for contempt of Court besides getting police aid to prevent them from constructing further. Likewise, you are also entitled to amend the suit for the further relief to demolish the illegal construction.

 

It is well settled principle of law that even a co-owner can't construct any structure  on the common wall without getting consent of other co-owner.


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