The BBMP has to arrange for vacating the stay order from the Court. In the meantime meet the concerned persons in the BBMP's legal cell.
Illegal construction violating setback norms
Hi All My neighbor is constructing house with 4 floors by violating setback norms obstructing natural light & air. He did not oblige any peaceful requests to leave mandatory setbacks. He is a land developer & civil contractor with political backing. Also habitual offender with more than 20 civil & criminal cases pending against him. Had filed complaint in Bangalore City Corporation a year back. Upon multiple follow-up they issued demolition order. Neighbor approached civil court with Corporation as party and obtained stay order against City corporations demolition order 6 months back. I suspect Corporation authorities will genuinely pursue the case, since case hearing is frequently postponed without any reason allowing neighbor to complete the house construction. My parents are senior citizens with frequent health issue, have to stay without natural air & light. Please let me know what are my legal options to have the demolition order is implemented. Thanks & Regards, Kiran
Asked 2 months ago in Property Law
Religion: Hindu
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10 Answers
File appeal in HC against stay other passed by civil court
Hi, If the Hon'ble Court has granted the stay you or BBMP can't do anything and if possible, you can also implead as a party defendant in the suit filed in civil court and contest the case.
Your neighbor has obtained a stay order from a civil court against the BBMP's demolition order. You can intervene in this case by filing an application to vacate the stay, presenting evidence of the violations and the impact on your property. If the civil court refuses to vacate the stay, you may approach the High Court in appeal.
If the unauthorized construction has caused damage or loss to your property, you may file a civil suit against your neighbor, claiming compensation for the same.
Dear Client,
In the Present Scenario, your neighbour is constructing a house with 4 floors by violating the norms of obstructing natural light and air. Further, he did not oblige to any peaceful requests to leave the mandatory setbacks. He is a land developer and civil contractor with political backing. Further, he is also a habitual offender with more than 20 civil and criminal cases pending against him. You have filed a complaint in Bangalore City Corporation one year back. However, on multiple requests, they have issued demolition order. The Neighbour had also approached the civil court with corporation and obtained a stay order against the city corporations 6 months back. You suspect if the corporation authorities would pursue the case genuinely as the hearings are frequently postponed without any reason. Your parents are senior citizens with frequent health issues and natural air and light is necessary for them. Herein, firstly, you may file a petition against your neighbour for violating your right to natural light and air. Secondly, you may file an application in the civil court, for a stay order on the construction. However, it is suggested that proper documentation is maintained regarding the issue.
Hope you find this answer beneficial for resolving the dispute.
On the basis of your complaint the BBMP authorities have finally taken action to demolish the illegally constructed property but to your sorrows, the builder has obtained a stay order, however the BBMP authorities have not taken any action to vacate the sty hence your tale of woes continue.
In the given situation you should file an application to implead yourself in the present case as necessary party by expressing your concern over the illegal constructions by your neighbor which obstructs your easement rights for natural air and light.
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
You can consult your advocate and file a petition to implead you as a necessary party to the pending suit and file a petition to vacate the stay orders passed against the BBMP and pray court to pass an order against the neighbor for violating the building construction approval conditions and also for obstructing your easement rights for natural air, light and any other causes of grievances in this regard
Thank you all for the responses. Would appreciate your response for follow-up question. I am planning to wait and watch till the existing pending suit of BBMP vs My neighbor is decided. If the court decision is to cancel the demolition order, will I have option to file fresh petition to enforce the demolition order by making BBMP and My neighbor as parties or can I appeal against the decision in Karnataka High Court.
Asked 2 months ago
You can appeal against order innHC
You cannot file a fresh case when the matter has been decided against the competent authority in this regard.
You may have to implead yourself as a party and file an appeal against the judgment in favor of the builder
you cannot file appeal unless you are a party to the suit.
you can file a Writ petition for demolition order to remove the un-authorized construction.
- Your father can file a suit for Mandatory injunction before the Court for the demolition of the area which obstruct the air and light on the ground of health issues.
- Further, he can also file a complaint under the provision of Senior citizens act
