Injunction suit
Mohan R
(Querist) 02 December 2012
This query is : Resolved
Dear Experts,
Iam owner of ground floor of a house built
on plot 45 years ago,there is half-built up portion on first floor whose owner is my brother who is U.S. citizen. So its only one and a half storey very old unit. Adjoining house who are immediate neighbours have boundary wall touching ours. Neighbours house is one storey. So sunlight,free flow of air etc. is there on my ground floor.Neighbour has given/sold house to a builder who will make 3-4 floors affecting me a lot.He/they will also make big money. Building plans of the neighbouring house are sanctioned by municipal authorities. Under the circumstances, can I obtain :-
a) Injunction under which sections of CPC or Specific Relief Act..
b) If so under what grounds ?
c)Any citations/judgments in if not identical but atleast some similar case.
d) Any other expert advice in this matter.
e)Is it prudent to file a suit against the builder/neighbouring owner in such a case.
I shall appreciate a elaborate reply please.Iam aware there are super experts here.
Thank you
ajay sethi
(Expert) 02 December 2012
your neighbour has sold his house to the builder . if the building plans have been duly sanctioned by muncipal corporation you wont get any injunction .
obtain copy of building plans sanctioned by muncipal coproration . have the said plans scrutinised by an architect as to whether sanction given by muncipal coproration is as per the norms laid down in the development plan of your city . whether there has been any manipulation by builder in obtaining excess FSI for the plot
Raj Kumar Makkad
(Expert) 02 December 2012
a. No.
b. No cause of action arises in your favour to get injunction as he is building his own house as per sanctioned plan.
c. not possible.
d. You cannot dictate others not to build their house or build according to your own facilitation.
e. no.
