• Neighbors house renovation

Hello Sir,

Thanks for this forum.
Our neighbors at my home town(Bhilai, Chattisgarh) are renovating their house, My Dad and Mom stay there alone , me and my brother stay in Bangalore. The problem is that the neighbors are not social at all, they have always tried to pick fight with everyone in the neighborhood. Now they have started renovating their house, but the new rooms' windows are facing towards our Balcony, I heard that for doing so they need to get permission from us, I wanted to confirm if such a law exists. As these windows over look our garden and balcony where they constantly put all our construction wastes(cements, bricks, loads of it) and my mom cleans it, all by herself; it will surely create problems for my parents once the new rooms are finished as my mom won't be able to do any thing around, when someone is overlooking her from top. Since we aren't living with our parents, these people tend to take advantage of my mom's ignorance. Will you please help me in this regard.

Thanks & Regards
Jiji
Asked 2 years ago in Property Law from Bhilai, Chhattisgarh
1) if any structural alterations are being made by your neighbors they need permission from municipal corporation . 

2) the fact that new rooms are being added , windows alignment changed woul amount to structural alterations . 

3) file RTi application as to whether building plans have been sanctioned . 

4) if no sanction has been obtained move court and obtain stay order against any further construction being carried out .
Ajay Sethi
Advocate, Mumbai
26045 Answers
1415 Consultations
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Hello,
1) As long as the neighbour has sanction from the local body government you can not prevent the construction from being continued. The windows overlooking your garden and balcony in itself won't suffice to get an injunction to the ongoing construction.

2) If the construction it's flouting rules and infringes on your easement rights like obstruction to pathway, sunlight, obstruction to air etc you can approach the court to get a steady on the construction.

3) It would be worth moving an RTI application to find out of indeed the neighbour has requisite permissions to carry out such alterations and repairs.
S J Mathew
Advocate, Mumbai
1980 Answers
75 Consultations
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1. That the windows constructed by your neighbours overlook any part of your property is not a ground on which you can seek a stay order from the court. 

2. Unless and until the construction has been carried out in violation of the local laws and rules, your neighbour has the right to continue and complete the construction. However, if it emerges that they have commenced construction without seeking the necessary approvals from the corporation then you may seek a stay order against it. 

3. If they dump their construction waste in your property you can file a complaint to the police and also seek an injunction order from the court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
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1. The said construction plan in the name of renovation shall have to be sanctioned by your local Municipal Authority,

2. File a complaint before the said Municipality complaining about the said construction asking for stoppage of construction and/or demolition of the construction already made illegally,

3. If there is no action from the Municipality file a Writ Petition before the High Court against inaction on the part of the Municipality.
Krishna Kishore Ganguly
Advocate, Kolkata
13167 Answers
280 Consultations
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