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  • Category: Indian Law

    Stay against construction of my house

    Having a query about illegal balcony? searching for advice about taking a stay order? Find suggestions and advice from experts for all your queries here.

    I have construction of my house going. I had made a balcony at 14 feet height two feet outward towards the park. In the rest of the colony, many also have balcony towards the road. Now they are forcing me to break the balcony. Can I take a stay order for that those who have made balcony towards the road.
    Please advice me.


  • Answers

    3 Answers found.
  • Let me ask you one question first. Did you get the approval for construction plan of your house from municipal authorities? If you got it, you have to go by that approved plan. If you have not got it, you should not construct the house without approval. Afterwards, it may lead to problems.
    Another issue is balcony is out of your land. It is not acceptable. If anybody goes to court, the case will be settled against you only. So always we should construct house completely within our area only.
    If other people are doing a mistake and if you go for a stay against them definitely you will get the stay order. But based on that you can't construct your house out of your area. Both are different issues.
    You construct your house within your area and file a complaint against other people who are encroaching the street.

    always confident

  • If you have got sanction for construction of the balcony as per the dimensions you are now constructing, then you may proceeded with it.

    But if what you construct is unauthorised, then you may land in legal problems , and the local government authorities can stop that and even demolish that.
    But first ascertain why the neighbours are objecting. If it is harmful to them the they may go for legal measures. But if the objection is just out of jealousy etc, do not mind it provided you have the proper sanction for that construction from authorities.

  • If you got sanction from local governing Municipality, then it won't be a problem for you, but if you did not get approval for your construction of your home, then it will be a difficult task for you. Sometimes you will be forced to break your balcony which you have built. Urgently consult a lawyer who is handling such cases and you need to make a stay order against the people who order you to break it.

    "Earning knowledge is by sharing it with ISC and we will rectify our mistakes."

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