how to challenge illegal construction by neighbor in Shillong

Detailed Legal Analysis

An illegal construction by a neighbor in Shillong can be challenged by filing a complaint with the municipal corporation or local authority responsible for building permissions. If the authority does not act, a public interest litigation or a writ petition can be filed before the Meghalaya High Court under Article 226 of the Constitution.

The Meghalaya High Court has held that unauthorized constructions violate municipal laws and must be demolished, and inaction by authorities can be judicially reviewed. Meghalaya Rent Control Act 2014 prescribes building bye-laws, setback requirements, and penalties for unauthorized constructions in Meghalaya.

You can also file a civil suit for injunction restraining the neighbor from continuing the construction. The complaint must be supported by photographs, sanctioned plans, and evidence of deviation.

The court may direct the authority to inspect the premises and take action.