Very funny and awkward situation

[sun]

Hi,

I am in a very funny and awkward situation right now and need some inputs! I have a West facing 30x40 site and in the verge of starting construction, adjacent all 3 sides of the site is already constructed and I stay right behind my site, in a single floored East facing house.

Owner of the right side house to my site has abotted completely and built a 2 floored building. Left hand site owner is also abotted completely, 4 floors ( in a 30x40, damn!!). Now this left side owner calls me over the weekend and threatens me that “He will get a stay from high court if I don’t leave 3 feet minimum set back, he says he know AE, AEE” ( basically everyone from A to Z ) all that…when I say you haven’t left any space he tells me “you should have put a case then, what are you talking now? My construction is done, now you will have to leave minimum 3 foot”. Tried to explain him that I got the recently, didn’t work.

I didn’t loose my cool on this guy and kept quiet then, but if he continues to insist, I have to get back to drawing board with design. In my current plan, I have left 2.5 feet already, but he wants more! Right side house owner has no issues though. (Thank god!)

Any inputs?

[msn1270]

Even if he knows the president of this country also, he can't go for legal procedure. He is just trying to
threatening you. If he goes legally, even he gets trapped as he has to submit an affidavit, stating that he
has followed all the bylaws and built his construction accordingly. He has to admit his mistakes & eventually has
to correct it(whether he did in the past or recently is immaterial). He will get slapped first, before even proceeding
on your issues.

[kingsun]

such a relief msn! This makes sense! by the way he got a constructed house as G+2, then he built another floor, broke a duplex house and built a stair case from outside to make it 4 different floors! Now let me fix this thing Thanks!

[santro]

Same thing happened to my one of my uncle while constructing his house in (20x30) couple of years back, My uncle neighbour who haven't left any space demolished small portion of built wall. Later police & lawyer intervened & threatened him for damage he made to the property which made him silent.

Don't worry please go ahead with your construction 2.6ft is sufficient set back for 30x40 dimension. Even BBMP engineer will not standby him as your neighbour haven't left any space at all.

[blrsiteseeker]

just make sure you follow all the rules and follow your approved plan. then you have a firm ground to stand on - no matter what either neighbor says. There is a related post in the last couple of days - neighbor has encroached 1 ft into this person's site and he wanted compensation, but can't claim it since he is building without plan approval and is breaking rules otherwise too.

[ardesarchitects]

Hi,
I really wonder how these so called neighbors come with out knowing the facts .Kingsun i cannot comment on you violating the rules but you have all the rights to raise a complaint in BBMP even today and take action on your neighbor.There is no rule that says you should raise complaint only when the violation is happening.Talk to him and explain (irrespective of he knowing AE/EE. show him todays toi newpaper about AE /EE or some bbmp engineer suspended immediately for allowing a building violation G+8 floors that fell down yesterday) ,take all the actions required before you take up your construction so he knows what the law says.
We had similar situation about two years back ,after we explained them about their building violations they kept quite and supported us all through out the construction .

Regards
Ar.Praveen.N
Ardes Architects and Interior Designers
ardesarchitects@gmail.com
www.ardesarchitects.com

[msn1270]

Sun

Firstly law is same for everyone. It doesn't give any privilege to some one who builds first for violating it. So he can't take the advantage saying he has already built it and you can't question him and only you need to follow the law.

Alternately If you are ready to follow the Bylaw and really want to have big fun and want to trouble them, you can file complaint against your neighbor about their violations to the "BMTF Task force" and also to Human Rights Commission.

1) Once BMTF Task Force accepts the Case & files an FIR, whoever your neighbor knows i.e. AE, IEEE or A to Z - no one has courage to interfere in the case. That's why even the Councillors, MLA's & MPs are shivering the moment they hear the name of R.P Sharma(BMTF Chief i.e. Additional Director General of Police who is similar to Lokayukta for BBMP Activities).

2) As they've violated the bylaws it leads to violation of your fundamental rights of access to natural Air/Ventilation necessary for your healthiness and also a danger for your safety. So you can challenge their acts in the Human Rights Commission. No Government comes to interfere here also.

Automatically both neighbors will fall at your feet.

[nagaraja h n]

its funny and awkward for the funny people who have not left set back for the property which are built by them you need not take it so seriously as your house needs set back which does not touch these peoples house leave the vacant space which is necessary for your comfortable living please make sure that their wall towards your site does not have windows which can be closed after your construction good luck start construction have ample vacant space for free air and light given by nature