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Stay on illegal construction

(Querist) 05 October 2015 This query is : Resolved 
How many times for get stay on illegal construction on my neighbour property.he doing illegal construction in our society.
milan (Querist) 05 October 2015
I want to get stay against our neighbours property who doing illegal construction in our society.
Anirudh (Expert) 05 October 2015
You can do it. For that first you have to write to the Authority concerned by Registered Post or through Hand (getting acknowledgement of receipt) pin pointing the illegalities being committed, and requesting them to stop such illegal construction. If possible to take photographs of the activities etc.

If no action is being taken by the Authorities concerned, then you can file the Writ petition. For that you may require the assistance of a Lawyer. In fact, for writing the complaint to the Authority concerned also you can take the help of the lawyer, who can take care to draft the complaint properly, which will form the base for your writ petition against the Authority, while making the neighbour a party. The relief you will be asking from the Authority and not from the neighbour. Only then the writ will be maintainable. Otherwise, you have to go in for a suit for injunction.
milan (Querist) 05 October 2015
How many time to go for stay order on illegal construction on our neighbours property..
Anirudh (Expert) 05 October 2015
Dear Milan,

Pl. indicate whether you ever went seeking stay order on illegal construction in this case earlier?

If so, to which Court and with what result?

Please indicate. Only after knowing this, one will be in a position to answer your query appropriately.
Rajendra K Goyal (Expert) 06 October 2015
If any stay already given, consult your lawyer, file for contempt.

Action through society would be better.


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