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Manjunath (Postmaster)     21 September 2012

Property dispute

Sir, I have purchase one old house and reconstructed a building over there. One neighbour's old black tile roof flying over the 3feet setback left by us.  From the begining of construction of house we informed them to remove the roof which is distrubing us and rain water falling in 3feet set back.  But after all completion of building still they are not ready to remove the roof which is so dangerous and may collapse any time on any body.  We have also complained to local muncipal body, but till today no action is being taken.  We have made mistake for not taking any injunction before construction. So is there any remedies to us for removing the roof which is very much essential to us other wise in rainy season rain water fall on our windows, doors facing towards neighbours wall where roof is flying and also danger to life and property.  Pls give us any strong suggestion if any body along with some citiation.



Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     21 September 2012

File a suit seeking mandatory injunction.

In alternative, You can also file a writ of mandamus seeking to direct the local body to demolish the construction, which is in dilapidated stage.

A.SUMATHY 9380902017 (LAWYER)     21 September 2012

sridhar pasumathy reply 100% correct


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