Top floor owner wants to erect an illegal flat without permission of the development authority. I am residing in a flat which is a 5 story building. The top story is in the ownership of a private limited company. That company wants to erect another floor without taking prior permission of the development authority. We are separate owners of 4 floors. Each floor has 6 flats, therefore, 24 flats owners are at risk of demolition if the company erects another floor without necessary permission from the development authority. Sir I want to know in this situation what would be the best legal recourse to stop the private limited company from erecting an illegal flat?
It is not appearing from your question that the top floor owner is doing any act to construct another floor. Unless and until the company does any act which has the effect that it is going to construct another floor you cannot take any action against the company.
Planning without any overt act does not constitute an offence or an act which is prohibited by law. There is no action on the part of the company which has the tendency to prove that it is trying to convert his illegal plan into reality.
If you have evidence to prove that the company is lurking to construct an illegal floor then you can file a civil suit for passing a temporary injunction against the owner of the top floor. Without having evidence you cannot get any relief from the court in the civil suit.
Thus, it is mandatory for you to collect some evidence before filing a civil suit against the company. Because the burden of proof lies upon you to establish the fact about the planning or design to construct an illegal floor. If the company is planning to construct another floor after taking requisite permission from the concerned authority then you will have no right to object.
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