Two families in a bustling Mumbai neighbourhood share a common wall between their two-storey homes. One owner plans to tear down his house and build a towering apartment block, informing his neighbour in writing. However, the neighbour is worried about the impact on his home and has formally objected to the project with the local municipality. Can the municipality approve the building plan despite this objection? What legal options are available to prevent the demolition and construction?

Apni Law
Apni Law
Law Forum › Category: Property › Two families in a bustling Mumbai neighbourhood share a common wall between their two-storey homes. One owner plans to tear down his house and build a towering apartment block, informing his neighbour in writing. However, the neighbour is worried about the impact on his home and has formally objected to the project with the local municipality. Can the municipality approve the building plan despite this objection? What legal options are available to prevent the demolition and construction?
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Apni Law Staff asked 1 year ago

Two families in a bustling Mumbai neighbourhood share a common wall between their two-storey homes. One owner plans to tear down his house and build a towering apartment block, informing his neighbour in writing. However, the neighbour is worried about the impact on his home and has formally objected to the project with the local municipality. Can the municipality approve the building plan despite this objection? What legal options are available to prevent the demolition and construction?

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Apni Law Staff answered 1 year ago

Under Indian law, the municipality can consider the neighbour’s objection and its potential impact on the existing structure. The neighbour can seek legal recourse through a writ petition challenging the municipality’s decision, or by filing a suit for injunction against demolition and construction.

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