Setback deviation for a residential property

Querist : Anonymous (Querist) 17 December 2023 This query is : Resolved
Hi there! I have a question about my home in Hyderabad, we are constructing our house and we have the ghmc construction permission for g+2 and because of my neighbour he intentionally to stop our construction and due to his personal grudges he approached ghmc and filed a case in high court saying that we did not have permission to construct etc but the fact is that whatever he complained on us everything is wrong except the leaving setback around the house and rest everything whatever he projected is incorrect and now he has more support and influence on ghmc and now ghmc people threatening us by saying they gonna demolish the property just for we didn’t follow the set backs correctly! Kindly please suggest us the options on how to stop the demolish our house and stop ghmc! Many thanks.

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kavksatyanarayana (Expert) 17 December 2023
Get a stay order from the court restraining them from construction.

Querist : Anonymous (Querist) 18 December 2023
Hi sir! Thank you so much for your suggestion! My house is still under construction and if I get the stay order, can I continue my construction?

kavksatyanarayana (Expert) 18 December 2023
No, till the case is disposed of.

T. Kalaiselvan, Advocate (Expert) 18 December 2023
You file an injunction suit to restrain the GHMC from the possible demolition act on the basis of the false information by colluding with the opponents and get an order of temporary injunction which will be effective till disposal of the main suit.

Querist : Anonymous (Querist) 19 December 2023
Thank you so much for your response sir! I can try to get the injection suit on GHMC but can I continue the construction even after getting the injection order?

T. Kalaiselvan, Advocate (Expert) 25 December 2023
The danger in getting an injunction order is that you too will be restricted from proceeding with the construction work, hence you decide about it considering the consequences.

Querist : Anonymous (Querist) 26 December 2023
Thank you so much sir! Could you please suggest on how to continue the construction please! Becaue our whole
Intention is to continue to construct the house

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