locus standi/ cause of action against neighbour who have constructed his house in violation

Querist : Anonymous (Querist) 08 June 2011 This query is : Resolved
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My (Adjoining)neighbour has encroched my some land (about 10 sq. feet) and constructed his house.My neighbour has constructed his house without sanctioning of Map from concerned authority even he has constructed a Basement which is not permissible in our colony.He is also running a coaching centre in his house and displayed big signboards of coaching center on his house,whereas no commercial use/activity is permissible in our colony.I want to know can i file civil suit for demolishing or taking action for violation of local laws/Rules in constructing his house and for running commercial activities. i have locas standi /cause of action against my neighbour or not,kindly help
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Kiran Kumar (Expert) 08 June 2011
for the encroachment made on your land you can definitely approach the court.

for rest of the illegalities being committed by him, you can apprise the authorities in this regard.

you have all rights to protect your property from illegal encroachment.

there in no need to be hyper-technical, most of the law is Common Sense.

PALNITKAR V.V. (Expert) 09 June 2011
Whenever there is invasion into your rights, you get a right to take appropriate action. So as rightly said by Shri. Kiran Kumar, you can file suit against your neighbour.

sanjeev murthy desai (Expert) 09 June 2011
What you did when he started constructed on encroachment Property? Nothing to worry you just follow as above said experts opinion.

prabhakar singh (Expert) 11 June 2011
rush to file a civil suit as early as possible,else you will loose even your title upon land encroached.

Raj Kumar Makkad (Expert) 11 June 2011
I do agree with experts and want to add that you can also file a civil suit on the matter of illegal construction of basement as the same shall definitely affect your adjoining building and shall weaken it and a constant danger shall remain arising to your building so you have a very good case in hand.

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