Ramu Udi
Asked September 03, 2016

Construction in the cleareance/offset of the building

  • 1 Answer
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Hello, I am living in a flat which is on the third floor. There is a family in ground floor they are building a bathroom in the offset or clearance provided between the common wall and their flat. Is it legal or illegal construction? As we all residents believe that offsets are provided for maintenance and emergency exit during fire in the building. Could you please help us out.

Answer 1

All the residents of your building are not wrong in believing the fact that the offsets are provided for maintenance and emergency exits. It's just that before deciding a particular construction as legal or illegal, you need to go through the Municipal Act of your state (it is state specific i.e. different for different states) along with the map(of the plot area where your apartment building stands) that was passed by the department of Town and Country Planning, specifying the allotment of vacant space. However, if the place of construction marked in the map shows otherwise, you all can always make an application of objection before the Municipal corporation regarding the illegal construction going on in your vicinity (concerning and hampering your enjoyment of rights).

Also, if the municipal corporation gives a go signal as to the concerned activity being illegal and still no action is taken against the perpetrator. You can always approach the civil court and file for an Injunction under ORDER XXXIX(to take a “stay” over the construction work – temporary or permanent in nature) of the Civil Procedure Code,1908.

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