Encroachment of vacant place by the builder
CA. NITIN KUMAR
(Querist) 18 April 2013
This query is : Resolved
We are occupants of a 1st & 2nd floor of a residential units as tenant. We are living there in Delhi since a very long period. Some time ago one person has bought the next residential unit. That unit is originally built about 3.5 feet away from our unit, because a passage is given for the occupant of that unit and for the devotees of a Dargah which is built in that residential unit. from the sale deed of that property it is apparently shown that residential unit is sold as it was built means passage is not sold. now the new owner of that unit wants to cover that passage.
What action one can take to stop such encroach as we the old tenant not the owner.
ajay sethi
(Expert) 18 April 2013
draw attention of the owner to encroachments being made on the passage . let him take legal proceedings
R.K Nanda
(Expert) 18 April 2013
take stay order from court.
Raj Kumar Makkad
(Expert) 18 April 2013
Obtain stay order against such person against his proposed encroachment.
CA. NITIN KUMAR
(Querist) 21 April 2013
Thanks to all for you valuable advise.
I would like to add some facts as follows:
1. It is came to our knowledge that it is all being done with the consent (not in writing) of the erstwhile owner of that property.
2. Is erstwhile owner will be having such right for a passage used by the devotees of that Dargah??
3. If somehow builder succeed to obtain the consent or buy that passage, still his construction can be stopped on any legal ground??
4. It is also came to our knowledge that construction is being carried out without taking necessary approval from authorities.
5. If our owner or his attorney give the consent to builder then is there any way to stop the construction??
Thanks in Advance
CA. Nitin Kumar
