Anonymous
Asked August 20, 2016

inaction by GHMC

  • 2 Answers
  • 108 Views

I am from hyderabad, My immediate neighbour is constructing g+3 house without GHMC approved plan, with no setback, they also encroached 2-3 feet of road land on the east. in addition to this they have opened balcony on each of the floor in the north side of my plot. I have registered complaint with GHMC Commissioner but no action from GHMC. Reason best known to GHMC.. This is affecting my privacy and security. what better I can do to get this fixed. Do I have to construct boundary wall or do have to issue a legal notice to GHMC commissioner for not taking action. please advise..

Answers 2

Default avatar
Anubha Yadav

Before constructing any building it is necessary to get the plan approved by GHMC because the buildings need to be constructed as per the specifications given under the construction rules. If there is a construction which takes place without getting the plan approved you can report this to the competent authority i.e. the Commissioner, which you have already done.

Now, the solutions that are available to you are as follows:

  • You cannot issue a legal notice to the GHMC Commissioner but you can surely file an RTI application on the non-action and seeking a response to your earlier application from the Commissioner or other competent authorities.
  • If there is no reply to that also, you can file a law suit against your neighbour while making the GHMC only / GHMC Commissioner as well a party to the suit. You can seek conditional order for removal of nuisance under Section 133 of Cr.P.C. Because there is illegal encroachment of the public road and infringement of your privacy.
  • If you do not find any action straightaway you can also file a Writ application in the High Court invoking Article 226 of the Constitution of India stating the entire facts and inaction of the municipality for not discharging their duties in accordance to law.
  • Also, you can surely construct a boundary wall as per the GHMC guidelines, which basically means that it should not cause nuisance or obstruction of any sort to your neighbours.
Agree Comment 0 Agrees about 1 year ago

Default avatar
Anubha Yadav

Before constructing any building it is necessary to get the plan approved by GHMC because the buildings need to be constructed as per the specifications given under the construction rules. If there is a construction which takes place without getting the plan approved you can report this to the competent authority i.e. the Commissioner, which you have already done.

Now, the solutions that are available to you are as follows:

  • You cannot issue a legal notice to the GHMC Commissioner but you can surely file an RTI application on the non-action and seeking a response to your earlier application from the Commissioner or other competent authorities.
  • If there is no reply to that also, you can file a law suit against your neighbour while making the GHMC only / GHMC Commissioner as well a party to the suit. You can seek conditional order for removal of nuisance under Section 133 of Cr.P.C. Because there is illegal encroachment of the public road and infringement of your privacy.
  • If you do not find any action straightaway you can also file a Writ application in the High Court invoking Article 226 of the Constitution of India stating the entire facts and inaction of the municipality for not discharging their duties in accordance to law.
  • Also, you can surely construct a boundary wall as per the GHMC guidelines, which basically means that it should not cause nuisance or obstruction of any sort to your neighbours.

 

 

Agree Comment 0 Agrees about 1 year ago

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