What action can be taken against the neighbour who is partaking in illegal construction?


Greater Hyderabad Municipal Corporation building permit is required before you start constructing, as per the building permission rules in Hyderabad.

It approves all building layouts and plans that are taking place in Hyderabad. All construction activities within its jurisdiction are liable to seek approval from GHMC as per the Greater Hyderabad Municipal Corporation Act 1955.

They should file a civil suit against their neighbour and Greater Hyderabad Municipal Corporation in the district court and request for stay of construction. Furthermore, in their prayer, they can also ask for Interim injunction restraining the neighbour from undertaking construction.

There is no need to issue a legal notice when the construction by the neighbour is interfering with their rights and the construction is happening without Greater Hyderabad Municipal Corporation permission.

An injunction suit can be filed straight away. Since a complaint has already been filed with the Greater Hyderabad Municipal Corporation, based on this complaint, the High court can be approached to stop them from further construction by filing a writ petition 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.

You can also complain to Lokayukta against Greater Hyderabad Municipal Corporation for appropriate action.

Reference: Greater Hyderabad Municipal Corporation Act, 1955, Article 226 of the Constitution of India



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