Neighbour is stopping me to make construction on my own land
Niranjan Singh
(Querist) 29 December 2012
This query is : Resolved
sir,
I have my paternal property in Bihar, presently i am residing in Delhi. my 80 yrs. old house in Bihar has become ruined. ultimately i started to construct new building on vacant portion of the same land.
My neighbor on the southern side raised a question of boundary dispute on the southern side.i filed an application to the DCLR.For demarcation of land 6 month ago. neighbor went to court and managed reader of DCLR. and the court is giving only date after date.any how i tried to construct latrine bathroom on the Northern side. the neighbor along with his muscle man came on the construction site and forcibly stopped construction.i went to police for help.they denied to support me. now the neighbor and police both are saying until and unless the boundary dispute solved no construction can be made. their is no any stay order or injunction order from court. what should i do???
prabhakar singh
(Expert) 29 December 2012
Since application to the DCLR. for demarcation was filed by you,unless it gets disposed you are hanged.He does not need any injunction as he is muscle man able to stop you from construction without any injunction.
In case you go to court the matter will further hanged up as the court shall not give any mandatory injunction to complete your construction as that would amount decree of suit without any trial.
All in all it is your necessity that you plan and manage to get your application to the DCLR. gets decided as early as possible.
Raj Kumar Makkad
(Expert) 30 December 2012
It is a hard fact that legal proceeding in India takes a long long time and generally powerful persons do take benefit of this tired process in their own favour as is being seen in your case so keeping in view your age, it is better to either make compromise with your neighbour on boundary dispute or to restrain your construction activities till the decision of the dispute.
Raj Kumar Makkad
(Expert) 30 December 2012
One thing more, you can move an application before the court in the ongoing suit filed by your opponent and seek demarcation so that the true picture may arrive at before the court. it shall definitely expedite your case proceeding.
Niranjan Singh
(Querist) 31 December 2012
Sir,
since my old house has become ruined its essential for me to have a new one or to get the old one repaired, and if i am not wrong i have the constitutional right to construct a home for me and my family members.
secondly if i am strong enough to do what ever i like i might not had proceeded to court.
and the third point is their is no any boundry dispute, the opponent party is in need of road, open space in front of his house and parking space for him. and he wants to have all these forcibly by using muscle power on my land.
finally since i had approached court,is their any law to prevent me to do plaster in the semi finished house or to do electrical wiring in the semi finished house.because the defendant is making objections on it also. am i not in a position to make construction on the centre of the said plot?????
ajay sethi
(Expert) 31 December 2012
police dont want any disturbance .you are a senior citzen dont have muscle power to initmidate your opponent . wait for court decision
prabhakar singh
(Expert) 31 December 2012
You have all those rights you are claiming but the great problem is that your opponent is mighty than you,if you reverse the situation things may turn in your favor.
It is a hard fact in India.Might is right,though it should not be.But legislature
and bad governance are the culprit and have made people helpless.
Raj Kumar Makkad
(Expert) 31 December 2012
You have got legal right as you forcefully written in your subsequent facts but you should not forget the ground realities. Either wait or deal the situation in the same way your neighbour understands.
