Encroachment by construction
Sandeep Didwania
(Querist) 06 June 2013
This query is : Resolved
sir my client has taken permission from local development authority, and started his construction work, but his construction was not as per map passed by the development authority, accordingly he was show caused and therafter development authority imposed upon him a fine of Rs. 20,000.00 and regularise his construction.
Thereafter his neighbour filed a civil suit against him for his illegal construction, and lower court ordered for demolishing a part of his constructed building. the plaintiff has also not made the development authority a party in the suit. we have appealed in the higher court, and the appeal is in its initial stage.... plz help with suitable rulings.
Khaleel Ahmed Mohammed
(Expert) 06 June 2013
Where as the construction is regularized by the civic authority, it is not a illegal construction. Get the appeal remand to trial court for fresh evidence and addition of necessary party which is the authority who accorded the permission and regularized the illegal construction.
Raj Kumar Makkad
(Expert) 06 June 2013
If the plaintiff had not brought that authority as a party to the suit, where was your party during the whole trial and why didn't it put the regularization order of the authority and why was that authority was not called in the evidence along-with its relevant record?
Anyway, if entire facts are already on the file of the court then seriously divert the attention of the court towards it and get the desired relief.
If the plaintiff (now respondent in appeal) has to suffer due to that regularized construction then his case is good.
