House construction- set back violation
Querist :
Anonymous
(Querist) 05 April 2010
This query is : Resolved
Hi experts,
the resident(just backside of the proposed house building) objected the construction in violation of the set backarea to the extent of 1.50' west, 1.50' east & 0.50'north of the building. the learned judge in the Trial court, ordered the demolition of the portion in violation of the set back area. the building is demolished keeping the foundation which is 3' high from the ground level.
the owner of the site, transferred a portion of the site to his son by gift deed, who started construction of the building, obtaining the fresh licence & plan in his name, on the same foundation but according to the approved plan and leaving proper set back area as per plan. The court, on an appeal by the decree holder that foundation was not removed, ordered the complete removal ofall the construction to the ground level as per earlier decree. was it,then, necessary to remove the foundation also,as arguing by the decree holder? if revison petition is filed, will the housebuilder get remedy?
