at your mercy (free lancer) 12 May 2023

Building construction in contravention to approved plan

Learned lawyers, Namaskar

At Madurai corporation( Tamilnadu) my neighbor has built a house in contravention to the approved plan.He has built without leaving any open space between his side wall and my plot. the actual approval for a ground floor of 1290 sq ft. now he has constructed 3 story house for around 5010 sqft.. I got this info through RTI applications.. Further on side wall of the 3 story building he has designed very big open windows allowing ventilation for his apartment units walking passage. The dwellers/residents throw garbage into my plot despite warning..The openings do comfort them to throw

for one my RTIs, the area corporation officer admitted the fact of extra construction and mentioned that he served notices to the building owner. Now the corporation officer says revised tax from the date of construction and penalty has been demanded. My doubt is how he could he proceed to make demands as if it was regularized.

I am sending a RTI for regularization details and copies of the process.

Because of the unauthorised construction, I lost my full rights of enjoyment and the value of the plot would go less.

My prayer is to demolish the side wall and create the mandatory open space as per Town Planning Buildings Rules.

PLEASE ADVISE ME A LEGAL REMEDY .

May I file a writ in court?

thanking you all. Wish you all a good day

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 12 May 2023

You can file a suit for easement rights if your rights to air and light has been deprived due to his construction blocking them.

You are entitled to a legal easement entitling you to an injunction against neighbor from obstructing or interfering with the light and air by constructing wall without leaving space for this ventilation.

If you have opened apertures in the wall you cannot acquire an easement of light and air through these windows as your neighbor has raised his walls without leaving space between two flats.

In this situation, you file a suit for mandatory injunction to direct the neiighbor to remove the obstruction which is blocking your easement rights to air and light and permanent injunction against him restraining him from putting up any such construction/stucture in future.