Legal Question in Construction Law in India

Hay, I am Ajay Kumar Agarwal from Jaipur.

I am in very much tension due to my neighbour, he is arrogent and always ready to fight and try to kill us when we speaks with him to resolve any little tasks related to our neighbour right.

Recently he has made a illegal construction on geverment land at back side of his plot, and construct a window at my side wall on teris. when we have spoken to remove or close this window. he denied and was ready to kill us and spoken that please do whatever you want.

Please help and inform the process so that we can keep safe to us and remove the window.


Ajay Kumar Agarwal

M. No . 9887005424

Asked on 8/15/09, 12:26 am

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

You may approach the local authorities seeking enforcement of the 'sanctioned building plans' and removal of encroachment on government land.

You may obtain a copy of sanctioned plan of his building and base your complaint accordingly.

You may also make a complaint to local police about encroachment on government land.

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Answered on 8/15/09, 12:37 am

Mr.Goel is right, you can approach to the MC office of your locality and file a complaint regarding violation of bylaws of building and MC itself will remove the construction. Secondly you can file and application to the police for threats of life coz you restrain him for encroachment and misuse of common wall. As per law the common wall is common and cannot be utilized by one owner.

Your further clarification is welcome at nominal fee at;

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With Regards

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Answered on 8/15/09, 2:16 am
Seshadri Srinivasan

Unless the window is protruding into your property or above it, you don not have a legal right to close it.

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Answered on 11/05/09, 11:12 pm

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