UNAUTHORISED CONSTRUCTION AND GUEST HOUSE OPERATION.
Querist :
Anonymous
(Querist) 13 May 2010
This query is : Resolved
MY BROTHER HAS CONSTRUCTED FOUR ROOMS AND RUNNING A GUEST HOUSE ON SECOND FLOOR OF HOUSE IN GK II.
THE SECOND FLOOR WHICH HAD NO CONSTRUCTION WAS WILLED TO ME BY MOTHER. THE FIRST FLOOR WILLED TO BROTHER WHO HAS ENCROACHED ON MY PORTION.
THE WILL HAS BEEN PROBATED AT DELHI HIGH COURT IN 1995
COMPLAINTS TO MCD AND PGC HAVE NOT LED TO ANYTHING MUCH EXCEPT THAT THEY HAVE TAKEN NOTICE OF THE UNAUTHORSED CONSTRUCTION.
THROUGH RTI I AM ABLE TO ESTABLISH THRU THE LUXURY TAX DEPT THAT A GUEST HOUSE IS RUNNING AT THE PLACE.
THE WEBSITE OF THE GUEST HOUSE CLEARLY SHOWS THE BROTHER TO BE OPERATING THE GUEST HOUSE.
WE HAVE APPLIED FOR AN IMTERIM INJUNTION AT TIS HAZARI DELHI ALONWITH APP UNDER ORDER 39, RULE 1,2 READ WITH SETION 151 OF CIVIL PROC CODE AND A SUIT THAT I AM THE OWNER OF SECOND FLOOR OF HOUSE AND SEEK PERPETUAL INJKUNCTION AGAINST THE BROTHER FROM OBSTRUCTING MY RIGHT TO THE ABOVE PROPERTY.
THE BROTHER HAS SWORN A WRONG AFFIDAVIT IN COURT THAT HE IS LIVING ON THE SECOND FLOOR WHICH WAS GIVEN TO HIM BY ME AS FAMILY ORAL SETTLEMENT IN EXCHANGE OF RELINQUISHING HIS RIGHTS TO LUCKNOW PROPERTY.
THE WILL WHICH IS PROBATED CLEARLY STATES THAT SHE PASSES ON THE RIGHTS OF LUCKNOW PROPERTY TO ME SOLEY.
THE LUCKNOW HOUSE WAS UNDER TENANCY OF THE LKO DEV AUTHORITY AND SHE PASSED THOSE RIGHTS TO ME.
AS SUCH NO OTHER FAMILY MEMBER HAS A RIGHT TO LUCKNOW PROPERTY.
ON THE BASIS OF EVIDENCE I HAVE GATHERED I AM MOVING AGAIN FOR A PERMANENT INJUNCTION AND ALSO TELLING COURT THAT HE HAS SWORN A WRONG AFFIDAVIT ON THE BASIS OF WHICH THE COURT ALLOWED THE GUEST HOUSE TO CONTINUE.
I HAVE ALSO FILED AN APP UNDER 156(3) WITH PATIALA HOUSE COURT.HEARING IS ON MAY 24 FOR CRIMINAL TRESSPASS.
I AM ALSO INFORMED THAT I SHOULD SEEK REMEDY ALSO THRU LUCKNOW HIGH COURT.
I WAS UNDER THE IMPRESSION THAT SINCE PROPERTY LIES AT DELHI, REMEDY LIES ONLY AT DELHI.
KINDLY GUIDE AND HELP SIR
VINAY KALA
MAY 13,10
Devajyoti Barman
(Expert) 31 October 2010
Yes as the property is in delhi, the proper court is of delhi only.
