property of the plaintiffs on the
ground level but there is aerial encroachment by the
defendants while putting up the construction on first floor ... considered as an encroachment by
both the Courts below. However, when it comes to
encroachment i.e., taken at aerial level i.e., 10 feet
writ petitioner was directed to remove the unauthorized construction, including the aerial encroachment and file a report before the CMDA.
3 The third respondent / CMDA ... comprehensive counter affidavit, dated 18th November, 2015, stating that the aerial encroachment and also the unauthorised construction in the fifth floor were removed. The affidavit
putting such construction without leaving
set back, they are causing aerial encroachment over the suit
schedule property. The plaintiff gave complaint to Joint
Commissioner, BBMP ... schedule property as the set
back area. Thus, they are making aerial encroachment also if
continued to put up construction. When he has questioned,
they
passage area. So, the plaintiffs as well as the
defendants have aerially encroached the common
passage. The photographs discloses that the defendants
have demolished ... putting balcony or portico. Plaintiffs have not claimed
removal of aerial encroachment and they have not
pleaded specifically that defendants have aerially
encroached the common
opposite party had put their windowpanes outside their window by
making aerial encroachment and prayed for removal of those windowpanes and
to restore the building ... counterpart. Because, according
to them, for ascertaining the alleged aerial encroachment the prayer under
section 151 CPC which was, in effect, in a mandatory nature
part, Block NO.30 of Mambalam Village, since the building has aerial encroachment and the construction was under progress when the site was inspected ... balcony projection to 1'0 on to the road side (aerial encroachment) and therefore, the regularisation application was rejected as per letter dated
encroached 1.1
meter from the 5.6 metre length at the back side of
plaintiffs property and there is an encroachment of 5.6
metre length aerial ... encroachment made
by the defendants into the plaintiffs' property. Admittedly, the
defendants have encroached into the plaintiff's property aerially to an
extent
northern side of the plaintiff`s property, which amounts to
aerial encroachment of the plaintiff`s side. When the plaintiff
requested the defendant ... northern side of the plaintiff`s property, which amounts to
aerial encroachment of the plaintiff`s side. When the plaintiff
requested the defendant
demolish the projection wall which was constructed by
her by aerially encroaching an area measuring 2 Ft. x 6 Ft.
Plaintiff also sought for demolition ... possessor of the suit property
and defendant No.1 has aerially encroached the portion
of the suit property to the extent
licence granted to them.
Whatever measurement is made is only an aerial encroachment in the
property of the plaintiff.
18. In fact
