Paid Advise

Residential building in industrial land

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

Reading Time:

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 for 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 have valid legal rights in your property because you are the owner. If there is no illegality in erecting residential accommodation 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 a while 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 mandamus writ. The High Court has power to direct the local body to provide adequate protection to the property of petitioner and eliminate undue interference thereon.

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 it is a legal construction. Don’t panic for the setback area. However, It is a breach of approved plan but it is a compoundable offence. The concerned authority may declare the construction legal upon receiving a compounding fee.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54