What is the procedure to file a writ petition against an illegal construction by neighbour?


If the construction carried out by your neighbour is illegal, you can approach the concerned Local Self Government Institution (Municipality/Panchayat/Corporation) by submitting a representation highlighting the illegalities committed by him and request the authority to stop the illegal construction carried out by your neighbour by issuing a stop memo and also to demolish the illegal construction. After submitting the said request, you can approach the High Court by filing writ petition with a prayer to direct the LSGD concerned to take action against the illegal construction and to demolish the same.

If there is an illegal construction then, one can go to the municipal corporation of the city and can lodge a complaint with the proper procedure. The municipal corporation will send a notice to the residents/owner of the property.

Process of notice:
– A notice is sent to the person residing in the illegal construction and is given a time period for reply.
– The person is also provided sufficient time period by the municipal corporation for obtaining a stay order from the court.
– If no action has been done by the owner then the construction is liable for demolition.
– The government has also launched an online portal, through which one can file a complaint against illegal construction.
– A person can also file a complaint with police and can take help for prevention of illegal construction.

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