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Janardhanan (Nil)     13 October 2021

Redevelopment of 55 year old building

Hi. we live in a building that has 25 apartments. I reside on ground floor. our apartment is 55 years old and we are willing to go for redevelopment. But the society head (not a registered society) wants to construct car park area and garden in ground floor and my apartment will be shifted from ground floor to first floor. I dont want it and want my flat to be in ground floor only. 



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 1 Replies

Anaita Vas   11 January 2022

Claiming a property to be his/her or doing any kind of construction on the property which is someone else’s property is an offence in India. There are provisions in the Indian Penal Code and the Civil Procedure Code, which deal with the crimes related to property. 

Criminal trespass upon the backyard or any other part of the property which is in someone else’s possession is called house-trespass. House-trespass has been defined in Section 442 of the Indian Penal Code and the punishment for house has been defined in Section 448 of the code. 

The first move you should make if anyone starts construction over your property is try to stop him from doing it. The law gives each person a power and a right to protect your property by using appropriate measures. Sections 103 and 104 of the Indian Penal Code allows a person to cause grievous hurt or even kill a person in order to protect your property. The remedies which are available to you if a stranger starts construction on a property which is in your possession are to get an injunction order for stopping the construction, and you can also claim for the damages which you have suffered due to the construction. 

If a stranger starts construction on the property of a person then he can approach the court and file an application under order 39 rule 1 and 2 of the Code of Civil Procedure to get an order of temporary injunction. 

If someone trespasses upon the property owned by you then you may approach the court and ask for the damages which you have suffered. If a stranger has constructed or demolished any part of your property, then he is liable to compensate you in the form of damages.

You can refer to Darshan Singh Chawla vs Ms. Sonika Sawhney on 31 March, 2016 to understand the extent of building something in someone else's area without authority.

 

Regards,

Anaita Vas

 

 


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