Illegal Construction
The C.H.S. adjoining to our building has built up a latrine/w.c. in first week of Sept-2017 in their compound. The said latrine is very near to the compound wall of our building & just opposite to the windows of our kitchen.
The said C.H.S. is about 15 years old and the place where latrine has constructed was absolutely vacant since formation of C.H.S. building. It can be described as a common usable area/backside open passage of their society.
Hence we lodge the complaint with BMC on 15th Sept 2017 for demolition of illegal latrine but as on day also I am doubtful weather BMC had proceeded yet.
However prior to it on 12th Sept 2017 we issued an objection letter to C.H.S. through Registered Post regarding the said disputed latrine work. Also stated therein all the above referred facts and requested them to remove the said latrine immediately and make the place vacant as it was in the past. Also pointed out that this has made a permanent nuisance to us.
Now about a period of one month has been passed but society has neither demolish the latrine on their own nor replied to our allegation of letter dated 12th Sept 2017. This means that they have accepted our objection regarding alleged latrine construction.
So now my question is can I get an injunction/stay from the Court on the basis of letter dated 12th Sept 2017 issued to C.H.S.? (Stay for use of latrine)
Or else what is the requirement/procedure to follow to get injunction/stay from court.
Because right now I do not have any documentary evidence regarding illegal latrine work. If I have to obtain same from BMC through RTI it will required couple of months. Meanwhile I wish that society member will not be allowed to use the latrine since they have not replied my allegation of letter dated 12th Sept 2017.