• My house getting affected due to neighbour

Our house is north facing and there is a house back side which is a south facing.
To make vastu compliant they have given open space and constructed a sump for Cauvery water storing. Also their house is at height above ours.
Since they have constructed a sump just next to backside wall of our house and they are at 3 feet aboue our house this causing the rats have made path and pushing all the mud out of the electrical switch boards that we have it in that part of our building. Also due to open area all the rain water will sink in to ground and make our wall always wet. Also i got checked by his Engineer what could be the root cause, he checked and admitted that it is because of sump and the rain water that is sinking to the ground.
As per the law we left 1.5ft all the three side of house(front, left and right) but no space left at the back.
What are the options that i have and how can i stop them damaging our house. II have following questions.
1. If i give a complaint to police station and then submit the same to BBMP will have any effect?
2. What if BBMP has taken no action? What should i do?
3. Is there any case already given judgement? In favor of whom?
4. As per the law is it allowed to construct sump next to some one house wall
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

You can stop through filing an suit for Injunction in the competent court and asking the Hon'ble court to maintain Status Quo qua the till the adjudication.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) police would not take any action on your complaint as it is a civil dispute

2) you can complain to BBMP against sump constructed by your neighbour which has damaged your wall

3) if BBMP does not take any action file writ petition and seek orders to direct BBMP to demolish unauthorised construction

Ajay Sethi
Advocate, Mumbai
87912 Answers
6207 Consultations

5.0 on 5.0

1. Yes complaining the municipal corporation shall help as the person has illegally constructed a water sump and that is causing damage along with the collection of the water.

2. File a civil suit for directions for removing the sump.

3. As per law it is not permitted to construct the illegal sump without obtaining requisite permission.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Yes you can file a police complaint for causing nuisance.

2. Appropriate remedy to file a civil suit of injunction

3. They are not allowed to do anything which creates nuisance for you and effects your life and personal liberty.

Get in touch with a local lawyer and file a suit against them obtain an order of injunction.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If i give a complaint to police station and then submit the same to BBMP will have any effect?

Answer: Yes you can complaint to the police and BBMP because this creates unhygienic situations to work in;

2. What if BBMP has taken no action? What should i do?

Answer: Then you must approach the civil court. Your remedy lies there;

3. Is there any case already given judgement? In favor of whom?

Answer: Such a precedent relating to your case can only be found after knowing all the facts of the case;

4. As per the law is it allowed to construct sump next to some one house wall

Answer: Creation of any external or internal structure is allowed if it is done according to the building plans and does not cause any inconvenience to others.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi,

In this case police can't help. so you may have to file application to SDM or BBMP. Next you may file court case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir

You just file civil suit.

You will get immediate relief.

Select experienced advocate

You will get restrain order against him

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. You first ascertain that if your construction is as per approved plan with giving set backs as per law and also whether the neighbor had violated the law in this regard.

After this if you find that neighbor has illegal constructions from his side which causes damage to your proeprty you may issue a legal notice to him to rectify the error and want for compliance, if he is not responding nor complying with the demands made then you may approach the local civic body or the competent authorities with a complaint in this regard, seeking their intervention, relief and remedy.

The police will not entertain any complaint in this regard which is civil in nature.

2.Then you can explore legal options

3. There may be, you may have to search it yourself.

4. There is no legal infirmity in it until and unless such act do not cause any damage to the neighbor's property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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