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Cracks in my duplex flat due to construction of mezzanine floors

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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Question: Cracks in my duplex flat due to construction of mezzanine floors in my neighbouring flats. Neighbouring flat owners constructed RCC mezzanine floors without permission, damaging the structure of the building. 

Asked from: Tamil Nadu

You should file a complaint if you have evidence to prove that cracks in your duplex flat were inflicted due to construction of mezzanine floors in your adjoining flat. That complaint shall be filed before the municipality corporation or the authority who has approved the plan of your apartment.

Cracks in your duplex flat are a serious matter. It may decrease the value of your flat. Simultaneously you can file a civil suit for permanent injunction under Section 38 of the Specific Relief Act. through the perpetual injunction you’ll prohibit your neighbour to do any kind of construction work which may cause damage to your flat. 

That construction work is illegal because it is against the sanctioned plan. This construction is causing Cracks in your duplex flat. No such floor has been mentioned in the sanctioned plan by the competent authority. In this scenario the appropriate authority shall stay the construction work on your complaint. Any construction in violation of the sanctioned plan is prohibited by the urban planning law. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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