I reside at Salt Lake Kolkata which is planned township. It is now Bidhannagar Corporation. My house is one storey self occupied. In Salt Lake municipal rule is houses are to be constructed after setting off 2 feet space on one side called narrow passage and 8 feet space on other side called wider passage, 3 feet on the front and 6 feet in the back. The wider passage of one plot is adjacent to narrow passage of next plot. Garage is allowed on the wider passage and is not included in the FAR. It can be constructed covering the side boundary wall but must leave a backspace of min 5 feet. Thats why garage cannot be used for habitation purpose. Any construction is prohibited in the back space. One side wall of the garage kisses the boundary wall and thus there is 2 feet distance between my neighbour's garage wall from my building's wall. But my neighbour has constructed a toilet behind the garage and then has allowed a family of four adult to reside in the garage. who also use the open portion of wider passage for their domestic work. They do the cooking therein also and run their TV sets at high volume. I have my bedroom windows on the narrow side of my plot and thus I have only 2 feet feet gap between the garage occupants and my bedroom window. At Salt Lake Kolkata boundary walls are allowed only 4 feet height. Kindly imagine how my privacy is threatened. The environment is now almost slum like. Can I take legal step. If yes how? Lawyers conversant with living at Salt Lake Kolkata may kindly advise.
In the same property neighbours on my rear side plots have planted mango trees in their 6 feet wide back yard. The trees have grown up massively. Their branches have almost completely covered the air space of property's rear side and some branches have started touching my building's roof. leaves falling from the trees regularly waste my back yard. Neighbours won't take any steps because those are fruit trees. What to do?
the local councillor at the local ward office was approached. unfortunately it did not produce any positive results.
File suit and seek orders restraining neighbour from using the garage for residential purposes
2) also file complaint against neighbour with municipal corporation
3) if no action is taken by muncipal corporation file RTI application as to what action has been taken in your complaint
Issue legal notice to neighbour to trim mango trees
If he refuses file private complaint before magistrate under section 133 of Crpc for removal of the mango trees
File RTI application with municipal corporation as to what action has been taken on your complaint
Give a complaint in the municipal office regarding the illegal construction.. The have the appropriate authority to take action .. If they do not take action , file a civil suit of permanent injuction
1. First of all lodge a complaint before the Salt Lake Municipal Corporation for the said illegal construction of toilet in the space behind the garage and illegally converting the said garage in to a dwelling unit creating disturbance to your living requesting them to demolish the said toilet and getting the illegal occupant in the garage evicted and also to take action against the owner of the said house.
2. Also send copy of the said complaint to the local Police Station seeking immediate remedial action from them.
3. If Police and/or municipal Corporation fail to take any action based on your said complaint. file a Writ Petition against police and corporations's inaction praying for relief.
4. Before taking the above steps, you shall have to collect complete and irrefutable evidence in support of your allegation.
1. The same process is applicable in this case also.
2. First send complaints to Corporation and police and in case of inaction file the Writ Petition seeking relief as advised in my earlier post.
1. It is known that verbal approach will not produce the desired result.
2. Send a written complaint to the Chairman of the Corporation through the ward councilor.
3. If he refuses to sign the complaint and forward to the chairman, send it directly to the Chairman under copy to him and take the steps as suggested in my earlier posts.
1. Initially lodge a complaint to the municipal corporation against your neighbour and seek the trimming of mango trees which protrude inside your property.
2. If the corporation does not act on your complaint then file a writ petition against the corporation to seek directions to it to take the required action. The corporation will fall in line when the HC cracks the whip.
The law is common for all i.e., for you and the neighbors.
The act of neighbor occupying the garage space for human habitation if illegal as per local law, then you make a complaint with the local civic body about this violation of law as well as the nuisance due to noise pollution and other disturbance namely invasion of privacy etc may added as reasons for the complaint and await their action on it.
If there is no action for a considerable period then you may approach court against the local civic body seeking direction for initiating proper legal action as per rules against this violation by the neighbor
In the same property neighbours on my rear side plots have planted mango trees in their 6 feet wide back yard. The trees have grown up massively. Their branches have almost completely covered the air space of property's rear side and some branches have started touching my building's roof. leaves falling from the trees regularly waste my back yard. Neighbours won't take any steps because those are fruit trees. What to do?
Trees are a common cause of disagreement between neighbours. Disputes can be about:
branches overhanging your fence,
branches or fruit dropping into your yard,
roots causing damage to your property,
branches blocking sunlight from solar panels or TV reception.
There are a number of things you can do if your neighbour’s tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step.
It is always best to keep on good terms with you neighbour and resolve any potential tree issues between you before they get out of hand. This will be quicker, cheaper and less stressful than taking legal action.
If nothing works out and this nuisance continues, you may approach court with a suit for mandatory injunction for cutting the trees that over hangs your house property and the leaves and the fruits form as garbage in your compound causing you great inconvenience.
whether my ownership of the land includes the air space upon my land. If yes, then my question is whether the branches of trees planted in neighbour's land protruding or extending or hanging in the air space upon my land is an encumberance or not in law in India ?
Branches of tree planted in neighbour land and protruding upon your land is nuisance abd you can file complaint before magistrate for its removal
Magistrate's responsibility under s. 133 Cr.P.C. is to order removal of such nuisance within a time to be fixed in the order. This is a public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding.
1. Yes, the branches of your neighbour's trees should not protrude in to your area.
2. You are required to lodge a complaint to the local Municipal Corporation and police and take steps in this regard, as suggested in my earlier post.
It is a civil injury to you and you hav rights to ct the branches of tree handing over your property.
However since the law is there to take care of such situation through the authorities concerned, you may approaches the local civic body with a complaint against this and seek releif and remedy.