Problem due to authority mistake
Anil Kumar
(Querist) 29 November 2013
This query is : Resolved
I just want to give you little detail of what happened so you may guide me better. I have a commercial plot in city authority in UP. There are 6 plots in that row. One of the corner plot belongs to someone. Since he have corner plot ho got little extra land. Together with his corner plot he bought one more plot adjuscent to it and made a godown on it. Until recently I though that he had only one plot with bigger land due to being corner plot. My plot is in between. Now one of my nebhour build his godown on my plot because he was told by authority to do so. Authority did mistake in measuring the plot. They consider corner plot as one plot when actually it is two plot building. Now me and who build godown on my plot are the real sufferers. His plot is empty. In this case what should I do and what should he do who made his godown on my plot. Can I file to case against the person who constructed godown on my plot and if I can that what will I get? Other guy who made the godown can file case against authority who actually made the mistake in measuring the plots. Why authority never checked during construction. Can authority get away with this kind of mistake which causing mental havoc on two of commercial plot owners.
First of all Thanks to all of you who adviced me. I never thought I'll so many response so quick. Hats off guys.
Going forward I have few more question. It arises after looking at your replies.
1)Do I have to ask authority to measure my plot because so far I never contacted authority about this issue or should I go ahead and file the case?
2) Can I ask court to lock this building immediately as it is constructed on my plot or should I ask for rent?
3) If I go to court, any idea how long will it take and how much will it cost me until decision comes?
4) From any point of view do you see it can back fire me, if so please advice.
Thanking you all in advance for your time and guidance.
ajay sethi
(Expert) 29 November 2013
you can file suit to direct plot owner to demolish construction on your plot . make authority necessary party to suit proceedings .
Rajendra K Goyal
(Expert) 29 November 2013
File case as advised by the expert ajay sethi ji.
Biswanath Roy
(Expert) 29 November 2013
File a case against illegal occupier. Let him say that he occupied your plot as per direction of the authority concerned. Put burden of proving the fact that he occupied the plot as per direction or advice of the authority.
Dr J C Vashista
(Expert) 30 November 2013
Get your plot demarcated by the allotting authorities,be sure that how much part of land of your plot has been encroached by your neighbour (corner plot holder) in connievance with authorities and sue them.
Ask for rent of your land illegally occupied, damages, mesne profits and compensation of harashment & mental agony.
