My father has built a house in 1973 on a 65x40 site in Jayangar, Bengaluru; it has a ground floor and a first floor. His neighbour had built a similar ground floor+first floor on a similar sized site. But he(neighbour) is demolishing his building to build an underground+ground+four floors high rise building. I have the following questions. 1. The demolition process itself has become painful to my old parents. The noise and dust is unbearable. What is the legal remedy? 2. I have gone through the building bye-laws of Bengaluru corporation, which stipulates a 4.5 m space all around the building for buildings above 10 meters height. Is it applicable to sites that are so small? 3.When they actually start digging the deep foundation there are instances in which collateral damage to neighbours do occur. What are the remedial measures when we notice initial signs of such a collateral damage? 4.Do we have the right to know about the neighbour's building plans under RTI so we can ensure that the building is actually built according to an approved plan that minimizes collateral damage to neighbours by ensuring a safe distance between the foundations? 5. Can we stop the construction if we see too many deviations from the approved plan?
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You can apply for and obtain sanctioned building plans of neighbour under RTI
2) demolition process should be carried on only you during day time
3) ambient noise should not exceed 65DB level
4) in the event any collateral damage is caused to your house it is responsibility of neighbour to rectify the same
1. civil suit for injunction
2. yes open space requirements are mandatory for manouverability of fire engines in case of fire
3. civil suit for injunction. As interim relief take undertaking from neighbour that while carrying on construction on his plot he will ensure that no damage is caused to the building on your plot
4. yes you can. It is under public domain
5. yes obviously. Violation of approved plans is an offense
Hello,
You may obtain the copy of the sanctioned plan from the local authorities by filing a RTI.
Any damage caused to your building during such construction shall be made good by your neighbour only.
Any demolition and construction shall take place during day time only and not during wee hours of the day.
The property shall be covered with some polythin or tin shades.
If there are deviations and the neighbor is not complying with the laws then you may file a suit for injunction and obtain a stay.
Regards
1) simply hire a advocate file injunction order.
or
you can file an application under Section 268 of IPC in the court of magistrate..
Dear Client,
For that parents can complain to police for creating nuisance, Demolition can not be in such way that disturb neighbors.
For small properties, four floors are not permissible and proper set back provisions all side.
Call police and complain to BBMP, you can seek court injunction also.
For small plots, construction plan is not required to be approved and if any such approval there than, under RTI you can seek but third party information, so possibly not permitted.
For any deviation or violation of building by laws, complain to BBMP, enforcement wing, they will stop the construction.
1. Even though the demolition is temporary, however the owner has to ensure that during the demolition process the dust and the debris do not fall on the neighbor's properties, they have to take safety precautions for that and also the demolition work should not take place during night times which would disturb the neighbor's peace and sleep.
If the thing is continuing despite objections, a complaint may be given with the local civic body to stop the demolition work until proper care is taken to prevent disturbance to the neighbors.
2. If it appears that he is violating the stipulated conditions, ascertain the law in this this and lodge a complaint with the Corporation authorities in case of any irregularity found
3. You ascertain the damage and the loss to your structure due to this and claim damage from them by issuing a legal demand notice and then approaching court seeking damage on the basis of the reports obtained through an architect.
4. You can get the information through RTI act.
5. You canot stop the construction but you can make a complaint about this to the Corporation authorities.
