• Builder about to start building adjacent my property to give trouble

Hello Sir,
Could you please advise how to initiate action pro-actively and immediately for the following situation:

There was a builder who was trying to pressurize us to sell our property but as we didn't give in to his demands, he has now purchased the land adjacent our property and starting construction. He is sure going to do all he can to give trouble to our building occupants as we didn't accede to his demands and force them to vacate. 
An activity he is started to trouble our property with is:
- late night bulldozer work past midnight etc.

Please advise what legal steps we can take immediately to protect our property from this nasty builder and his pressurizing tactics.

Thanking you,
Asked 2 years ago in Property Law
Religion: Other

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32 Answers

File a magistrate court complaint for nuisance, annoyance, criminal intimidation and take protective orders and also an injunction to not use bulldozer in the night

Yusuf Rampurawala
Advocate, Mumbai
6500 Answers
55 Consultations

5.0 on 5.0

Hello,

Take recording of such incidents and file a civil suit for injunction and pray before the court to pass an interin order on the first date itself. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

File a police complaint for nuisance and use of heavy machinery that is causing disturbance in late night.

If police fails to take action file a writ petition before high.court to get direction for police to register FIR against him .

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

1. For causing constructions some noise would arise which you can stop.

2. Only if the noise is above the permissible limit or the constructions carried on the adjacent plot is posing threat to your life then only you have some remedy.

3. in any event you can inform the local Municipality stating the trouble you are facing form your neighbour so they may control the constructions activity little more.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

1) complain to municipal corporation that work is being carried on in construction site late a night 

 

2) also complain to police that work is being carried on in violation of noise pollution control norms 

 

3) you can also seek court orders restraining builder from carrying on work after sunset 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

You may file a civil suit for the damages being caused to you with an injunction suit to stop them from the nuisance immediately. 

It will be of civil nature and will be filed in the district court . Before that I would suggest that you file a complaint in the Police Station.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
30 Consultations

4.5 on 5.0

File a RTI in panchayth/municipality to know wheather they have given sanction for building and follows all criteria ofof Panchay/ municipal rules that is specified under special rules. If not file a suit and stay petition at court. [deleted]

Milesh Paviyala
Advocate, Thiruvananthapuram
4 Answers
1 Consultation

4.0 on 5.0

1) You can bring injunction on his work from High Court and stop his work.

 

2) On Easement ground you can fight against him, easement may be air , water and way to your building or premises etc.

 

3) If you provide proper layout of your building than can guide you exactly.

Ganesh Kadam
Advocate, Pune
12202 Answers
154 Consultations

4.9 on 5.0

Until and unless he is not doing anything legal you cannot stop the construction you have all the right to do the construction as per the sanctioned layout plan and in case is violating any sanctioned  layout plan then definitely you have to choice to go to the court and stop the construction by arranging stay order under section 151 CPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Dear client,

Heavy vehcile are not permitted in residential area and no construction permitted in night , call the police ,will seize the bull dozer. And a c. To bye laws he can construct and for any violation , You can complain to municipal corporation or injunction suit in court.

Yogendra Singh Rajawat
Advocate, Jaipur
21442 Answers
31 Consultations

4.4 on 5.0

you can file a case for causing nuisance against the builder and take injunction order against him

you are advised to record the construction as evidence

also make a complaint in labour department/ministry for not following the rules

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

 

- You can file complaint with local police station having jurisdiction of your area.(Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.)

- Issue legal notice to him stating issues and warning to refrain from illegal activities.

- Besides, you can file petition at local court for injunction incase he is constructing any illegal building.

- As safeguard to your property, do file petition to local court U/s 441 of IPC defines Criminal Trespass.

 

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

You can Complaint to the corporation and local police station if he flouting the rules. You can also file writ petition for directions from HC in this case if corporation doesn't take action

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

1. First of all lodge a police complaint against the said builder alleging that he has threatened you that he will cause damage to you for not selling your property to him.

 

2. After one week, lodge another complaint to the police and the local Municipal Corporation alleging that he is fl;outing construction rules and conducting the demolision and buldozing work after midnight.

 

3. If police refuses to register any FIR, file a Writ Petition before the High Court praying for a direction upon the police to register FIR, investigarte and act based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

Until the builder has not actually troubled you as you apprehend, you may not be able to take any action on just presumption.

No such case will be maintainable.

If after starting construction work,  there is any nuisance or troubles that you face due to his mischief you may initiate civil nuisance case or may even obtain injunction against his construction and get an assurance in writing to not to torture or trouble or create any sort of inconvenience or nuisance to you due to his constructions after which you can withdraw the injunction suit against him.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have come to the right forum to get all your questions clarified and a good procedure will be conveyed to you.
  2. Yes, you have all the legal remedy to inform the builder by way of intimidation letter to comply all the building by laws, but now as he has already started, this may not serve the purpose.
  3. Yes, there has been judgments on carrying out the construction timing by Hon’ble SC to be followed by the builders.
  4. There are other stringent by-laws which are need to be complied by the builder otherwise work will be stated by the court of civil law.
  5. You can file a police compliant for cousins public nuisance.
  6. Then if police doesn’t look for it then I would advice you to file a suit for injunction restraining him to stop the odd timing work and also include Municipal Corporation a party to give them direction to follow the by-laws.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file suit seek urgent reliefs from district court during vacation 

 

you have to make out a case for urgent reliefs 

 

 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

In urgent cases vacation court functions.  You need move before the same

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

1. First of all you shall have to file a suit based on which the injunction petition shall have to be filed. You can file before the vacation bench siting urgency if you can not wait to file after the vacation.

 

2. Meantime, you can lodge the police complaint as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

If it is urgent then you can file an injunction suit before the vacation court also.

There are vacation courts functioning during the month of vacation in all the court premises 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

you can complain before executive magistrate also he has jurisdiction over the matter for creating nuisance against him. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

Suit for injunction is to be filed in the lower court but not in high court.

So if the lower court is not in vacation then file the same asap. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

Dear Sir,

Get issue a legal notice and lodge a complaint at police station against the builder. After the vacation period over then file for injunction suit restraining him.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No, you can only file the same after the vacation. otherwise you will have to show to the court some immediate urgency 

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

You can file police complaint against builder for doing boring work late at night contrary to noise pollution control norms 

 

2) seek injunction restraining builder from damaging compound wall 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

You can file an injunction suit against him on the basis of the damages he has already caused to your property and seek to restrain him from carrying out any work involving your wall and also to restrain him from commencing any work during the night time since it is disturbing your sleep and peace.

The local civic body also may be effective in this regard hence you may approach them with a complaint again

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

1. Has your said compound wall been constructed on your land only? If yes, then he can not put any hook in it.

 

2. You can certainly sue him for carrying out the buldozing work at noght which is illegal.

 

3. Lodge police complaint and also send complaint to the local Municipal Corporation and act as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

See regarding wall if he is making an unauthorized alteration then the complaint before the civic authority shall be a better remedy. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

You can take a order in advance to stop him from such construction in form of injunction from court

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

You should immediately file civil suit for injunction along with interim relief application against the builder in order to restrain him to use/ destroy your compound wall or to disturb you by doing late night construction.

Siddharth Jain
Advocate, New Delhi
5768 Answers
85 Consultations

5.0 on 5.0

You can also file a police complaint for the offence of nuisance against him narrating telling them of the the late night construction by him and exceeding the decibel limit permitted and request the police officials to take action on priority basis.

It will be better if the complaint is signed by your other neighbours as well.

Siddharth Jain
Advocate, New Delhi
5768 Answers
85 Consultations

5.0 on 5.0

Yes you can give a complaint to the corporation 

File a suit for injunction and take retraining order from the court 

Anilesh Tewari
Advocate, New Delhi
17870 Answers
338 Consultations

5.0 on 5.0

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