• School behind constructed a tin board

Hi
There is a school right behind my apartment and they have constructed a big tin board that covers half my window and balcony. It is obstructing wind flow and sunlight. On top of that due to constant battering by the wind it makes too much noise throughout the day. I couldnt even get any stay order as they finished the whole thing in a matter of a day that too on a sunday.

I sent emails to them complaining but it fell into deaf years.
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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5 Answers

1) complain to muncipal corporation against the tin board blocking your window . balcony

2) file an RTI application whether permission taken for installing such a huge tin board

3) if no action is taken by MC then file suit and seek court orders to direct school to remove the tin board

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Hi, lodge a Complaint in the local body that the school in your neighborhood has erected a permanent tin wall, which is an illegal structure and is something which also causing nuisance to you and other flat owners.

Complaint that the said construction is in contravention of the original sanctioned map of the school and thus, it is liable to be demolished.

You can also file a suit for easement of light and air as the same has been completely obstructed.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hii, you can file for stay order with consequential relief of removing the tin sheets ... Tin sheets are also dangerous and banned as it may be deadly in case of heavy winds ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Please ask your lawyer to file petition u/s 133 of CrPC to get order from court to remove the nuisance .

you can get in touch with us to file the petition in the court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

At common law the owner of land has no right to light. Anyone may build up his own land regardless of the fact that his doing so involves an interference with the light which would otherwise reach the land and building of another person The right of light is acquired as an easement in augmentation of the ordinary rights incident to the ownership and enjoyment of land.

The right to light is nothing more or less than the right to prevent the owner or occupier of an adjoining tenement from building or placing on his own land anything which has the effect of illegally obstructing or obscuring the light of the dominant tenement.

An owner of ancient light is entitled to sufficient light, according to the ordinary notions of mankind, for the comfortable use and enjoyment of his house as a dwelling-house, if it is a dwelling, or for the beneficial use and occupation of the house.

You can file a mandatory injunction suit against the neighbor seeking to remove the tine sheet which is precarious and poses danger to your inhabitation including blocking the light, air and causes nuisance due to noise it produces.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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