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Residential building in industrial land

By: Shivendra Pratap Singh

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Question: We have around 20 houses built in Industrial Alienated Land, and only 3 industries are running around our area. Now one of the industry people is building a new building where he was doing business by demolishing the old building. As we residents are disturbed by the industry we have complained to the panchayat stating not to allow the construction in the residence area.

But now the industry person is filing a complaint against us stating that this is industrial land and we are illegally constructing houses and causing inconvenience to the industry. Is there any way they can harm us legally? We have been residing there for the past 10 years. Our  houses do not have set back and some of us have left 1 feet. Whereas the industry building is very huge around 100 m x 80 m and they have left only 5 feet set back, but they have got the same approval from the panchayat. 

Will they trouble us for not letting us set back. Is there anything that can be done to fight back and will they trouble us?

Question from: Karnataka

If you have proper permission to erect residential buildings in the industrial area then your right is protected. The development authority reserves some portion of land in industrial areas for residential purposes. All industries have a fixed area for residence of its workers and officers. So it is not a rule that there should be no residential construction in industrial areas. 

All this is dependent upon the planning and development of the industrial area. You all have valid legal rights in your property. The government, panchayat or local body is duty bound to protect your property from undue interference. 

File a writ petition

You have already complained to the panchayat so wait some for any fruitful outcome. If you get no relief from the local body (panchayat) then you should approach the High Court under Article 226 to issue a writ to the local body thereby protecting your property from the undue interference of industrial person.

You have been living there peacefully for more than ten years. No notice for illegal construction has served upon you. As well as no  government action has been taken against your property. It proves that your construction is valid. Don’t panic for the set back area. However, It is a breach of approved plan but it is a compoundable offence. You can legalize it by paying a compounding fee. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Lawyer

Practising lawyer at the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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