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building violation

Long time reader of this excellent website here.  Not sure where to post this:
Advice requested:

A house on our street has obtained a 2 month stay order for their re-built house in Bangalore. The original house (30 year old house, partly demolished then rebuitl to the third floor level, damaging my  car and property very badly)  now has pillars built into the setback areas;  violates several norms, invades all light, air and privacy norms

BBMP has issued a "First Notice" - i.e the Prov. Order .

This neighbour arrives at the construction site in a state government car, with an entourage of men on motorbikes.  All the other neighbours are naturally scared to complain against them.

Strength in numbers


Unity is advised. When there is strength in numbers, then the violator would be outnumbered.

Second - they cannot violate setback and FSI. An RTI petition should be filed in the Zone where the building plan was sanctioned and a legal notice can be issued by the residents to the tenant.

Third - a medical clinic is allowed in residential areas as per Zonal laws. So one cannot per se oppose it there.

Fourth - you cannot prevent BESCOM and BWSSB from providing them utilities. It is their constitutional right to have electricity and water. And other residents do not have any locus standi on this.

What you can oppose is severe violations of setback and sue for damages to property.

You can file a litigation if there is encroachment of public space like footpath et al.

All the best! 

ahumanbean's picture


Thans McaDambi,  the info is useful.

As far as I understand this:

Step 1 is the issuing of a PO - Provisional Order by the BBMP

Step 2 ( which I am chasing) is the issuing of the C O Confirmation Order which is delayed "because of election duty" - 10 days have passed

Step 3 is 'a 472' action - anyone have some clues on this?

Step 4 ( the goal) is actual demolition

 I have to repeat - none of the other residents have stepped up to complain/action...need I say more? Perceived 'Political connections' have a way of doing that!

Bangalore will be snowed under on Dec. 21, 2012

Bangalore will be snowed under on Dec. 21, 2012

No Free lunch


There is no such thing as a free lunch in economics. You have to pay a lawyer his/her professional fees. Thankfully, not all lawyers are corrupt or chasing $$$$. I can suggest you some of integrity that i know, but if you want, you can send me a private message in that regard.

Burden of proof is always on the plaintiff. You should gather as much evidence as possible in order to file a tort compensation for the damage your property and car suffered.

'Power' projection is the oldest trick in the book. It is just like these ocean sun fish which puff up to project their power.

The violator you mention is sure afraid of Lokayukta. Tell her that you are not afraid of her and will dilligently pursue the case with the Lokayukta.

But that said - you cannot prevent her from opening a Medical Clinic - that is within her rights.

I would also advise you not to take a very harsh confrontational approach to this matter. It is not going to solve it.

Try to reach to a common ground with her - reason out how deletrious a setback violation would have on you and appeal to her good sense.

Franklin Roosevelt, once said that he talks softly, but carries a big stick. I think you should do the same. But allow Lokayuta to wield the stick when it comes to that. 

ahumanbean's picture


They are now aware that the L A has been intimated

Bangalore will be snowed under on Dec. 21, 2012

Bangalore will be snowed under on Dec. 21, 2012

What can you do?

Here are some ways you can proceed.

  1. Follow up with BBMP with an RTI application and find out why they have not issued the CO ( confirmatory order) and DO ( Demolition Order). Also ask for a copy of the PO issued. Make sure they file a caveat before issuninbg those orders.
  2. Approach High Court and ask that BWSSB and BESCOM should not provide water and electricity connections. In October 2008 in WP number 11578/2008 such an order was passed by a single judge. In December 2008 in WA no 1800/2008 a division bench ( two judges) upheld the order. A good lawyer can help.
  3. If you can get others to join that will be great but as you are an immediate neighbour you can go alone. All the best. comment guidelines

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