• Illegal constructions by neighbour extending walls to corporation space out of her allocated area

HI Sir,

I have already contacted regarding this issue before. one of my neighbour has constructed the house extending the walls out of her area which is creating a ventilation issue for other neighbours. we told her the issue and she didnt listen. Just because we raised it to corporation after many years finally they gave notice now only the plasting is pending parrallel to our house side. To shut our mouth she has given a false CRIME case to spoil our career. as me andmy neighbour girl helped in writing letters and my parents and ther neighbour questioned so she filed an FIR against us. Now as the corporation has given notice and we have taken a written statement form her she cannot enter our house without our permission. she has approched teh high court for permission anf getting a stay stating that people are creating problem for her construction nobody should question her.

So please help me to stop in getting her permission as its illegal wat she is doing and my career is gone due to the false FIR.

Please help me and she has targeted me to spoil my personal life by not getting my marriage done..

She is troubling in all ways
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

File writ petition in HC to direct muncipal corporation to demolish  illegal construction 

2) in suit filed by her file detailed reply denying allegations made by her and for vacation of stay 

 

3) as far as FIR is concerned poluce would issue you notice to record your statement carry out investigations and file closure report or charge sheet 

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

1. High Court can not permit her to construct the wall illegally. If you have been made a  party in the petition before the High Court, then you have got the golden opportunity to explain her illegal acts before the high court.

 

2. If you have not been made a party to the case, file a writ Petition before the high court against the inaction of the Corporation praying for a direction upon the Corporation to demolish the wall within next 15 days and also direction upon the neighbour to pay the demolition charge to the Corporation.

 

3. Contest the false crime case filed by her and after it is dismissed by the Court, lodge a police complaint u/s211 of IPC against your neighbour for lodging/filing false complaint/case against you for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27421 Answers
726 Consultations

Hi, you have to file a Petition in the High Court of Karnataka under Section 482 of the Cr.P.C for quashing the FIR. If there is no case is made out against you. The Court will quash the FIR.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

Only a civil suit for declaration and injunction would resolve the issue. 

So if you have not filed the same do it now. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

You can file defamation case against her all false allegations case raised against you and regarding that wall construction get stay from municipal corporation court which runs under municipal corporation area at main head office.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

If she has filed any such petition before high court making you all as opposite parties and seeking relief against you then you will be getting notice from the court to appear before the court either in person or through your advocate and record your objections, therefore you await the notice  or if you know the case number, you may contact any advocate in the local and file a vakalat as well as a counter and objections to their petition as well as a petition to vacate the stay order, if any granted so far.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

You will be served notice in the same before HC you can oppose the same. Case is not maintainable before HC

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Dear Sir,

You have approach the High Court and counter her case effectively. Secondly. you have to get file quashing petition and get FIR is  quashed and if charge sheet is filed then it will take years together to complete the case. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

- If there is already an FIR lodged against you , then you can approach to High court for quashing /cancelling the said FIR legally .

- If she has approached High court , then court is bond to issue notice and hear you before disposing her petition for the same. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

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