• Land matters

I own a four-storied building over 6 poles of land. When I purchased the land back in 1990 , there was a vacant land at the west side of my land and everyone in the locality knew that the owner of the land had shifted somewhere else never to come back again leaving the land behind and without selling or gifting the same to somebody, so the land was taken over by a Trust.
During the AILA cyclone of 26th May 2009, a landslide occurred in a part of that land attached to my building causing a threat to my building. So informing all the local authorities I constructed a wall in a part of land attached to my building for protection and safety. Nobody claimed that the land was his or her and came forward to construct a protection wall at that landslide-hit area.
Now, suddenly a third party has emerged and claiming that they have purchased that land from some other person who has neither purchased the land nor was he gifted the land by the original owner
. Third party is taking initiative for construction of the building and I am sure they will certainly cause damage to the wall which I had constructed before 11 years for the safety of my building and has been looking after the same since then.
Under such circumstances what should be the line of action from my side? Please guide / suggest.
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

File RTI application as to whether any building plans have been sanctioned for party carrying out construction 

 

2) if no permission is granted seek orders for demolition of unauthorised construction 

Ajay Sethi
Advocate, Mumbai
97598 Answers
7900 Consultations

If both parties on a plot of land doesn't have title like your case then the party who is enjoying it before another shall have peference. 

So you can physically resist him to damaging your wall or file a suit for declaration and injunction. 

Devajyoti Barman
Advocate, Kolkata
23351 Answers
522 Consultations

You first inform the corporation or other competent authority about the same. Later approach civil court for injunction against damaging your wall

Prashant Nayak
Advocate, Mumbai
32930 Answers
209 Consultations

If you apprehend danger or damage to your property due to the proposed construction work by the said person, you may first inform him about your fears  of your property getting damaged hence he should ensure safety to your property during his constructions activity, if he fails to listen or do not respond then you may wait for him to start his constructions work and then approach court of law with a suit for permanent injunction  to restrain him from damaging your property owing to his constructions work  with evidences of the damages he has already caused 

T Kalaiselvan
Advocate, Vellore
87800 Answers
2365 Consultations

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