My neighbor is building his new rooms by demolishing his old factory which was there on the ground floor. The problem is that his chimney vent and bathroom exhausts are directly in front of my bedroom. This would lead to all the kitchen fumes and bathroom odors in my bedroom. The gap between the wall and their constructed rooms are 2 feet (as opposed to 4 feet which is the norm) We reached out the local municipal commissioner but she said that since its build on older foundations they are in their rights to build it like that. We also tried negotiating with them but they are adamant that they are following the sanctioned plan and they wont deviate from that for us. Need to know whether there is any laws to regulate this and also how to prevent this.
Apply for and obtain copy of building sanctioned plan
2) file writ in HC against sanctioned plan of neighbour as gap is only 2 feet against norm of 4 feet
3) mention that bathroom exhaust and chimney vent are directly facing your bedroom and to direct corporation to modify the sanctioned plans
Every such construction is done as as per approved sanction plan. If any violations are carried out the municipal authority takes strict action against the offenders. If you have already approached the municipal authority and they are not taking action you can file writ petition in high court and take directions from high court for the same
1. If there is building rules violations as it spears then lodge a complaint with local Municipality so it stake action to raze the illegal structure.
2. If the fumes from their chimney is causing trouble to you then lodge complaint with the Pollution Control board.
3 Else filing a suit for injunction is only option.
You have to go to court and file a suit for injection to stay the construction. This is only possible in this case as the court may order the relooking of sanctioned building plan.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Public Nuisance, intimidation, Harassment, Breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Serve a legal notice upon the Municipal Commissioner Director-General of the Building Department raising your objection against the sanction of such building plan. Thereafter file a writ petition before Calcutta High Court for a direction upon the Corporation to either upgrade the building plan or initiate a demolition case against the private party (neighbor)
1. Has he already constructed the chimney vent and bathroom exhausts? You ought to have taken swift action by filing a suit for permanent injunction to restrain him from doing so when he began the construction on the ground that it would cause nuisance to you and violate your right to peaceful enjoyment of your property.
2. If the chimney vents and bathroom exhausts are constructed already then the only remedy in your hands is to file a suit for mandatory injunction to direct him to remove those.
Municipality is be fooling. Even fresh construction on old foundation will follow press recent by laws. File injunction suit. Court will grant grant on both grounds. 4 feet gaps mandatory and improper location of vent and exhausts.
1. No plan can be passed if the construction disturbs the neighbours.
2. Moreover, it was an old building having factory on the grounf floor.
3. Fot reconstruction of the buyilding, they are supposed to take fresh sanction from rthe local Municipal corporation.
4. Lodge a written complaint to the Mayor/Chairman of the local Municipal Corporation about the said construction. and seek relief.
5. If the Municipal corporation refuses to act, file a Writ Petition before the High Court against inaction of the Municipal corporation praying for a direction up on the Municipal Corporation to act as per law based on your said complaint.
The problem stated in the above problem is a offense under TORT LAW. Make request to the neighbour by orally in case if they failed to solve it, then issue a notice to them in writing with a copy of the local civic body and also issue a separate representation to Near by Muncipal to take necessary action against the such person who are creating this act.
Hello,
Sir a legal notice upon them as their action is infringing your right to life and liberty .
In case they do not respond to the legal notice then you may go ahead and file a civil suit for injunction in the civil court.
thanks
If they say that they have built it as per plan then you may approach civil court with an injunction suit for easement rights.
You may consult a local lawyer and proceed.
Dear Client
First of all you should obtain the Building sanctioned plan from municipal corporation through RTI.
Then you can file a suit for Injunction against your neighbor and Municipal corporation for getting the direction from court to go according to allowed plan or else change the direction of chimney so that the fumes don't cause any problem to you.
Thanks for all your valuable suggestions. Can you please tell under what the section that even fresh constructions with existing plans need to leave 4 feet gap is given so that I can challenge the municipality once before going to court and filing injunction?
You need to take the, confirmation of the said normal through RTI from the municipal authority
Thanks for your valuable suggestions. Can you please tell under what the section that even fresh constructions with existing plans need to leave 4 feet gap is given so that I can challenge the municipality once before going to court and filing injunction?
You can find the entire details in the Municipality guidelines about leaving setback while constructing a building to an extent that is provided in the rules for construction while seeking approval for construction.
You can give an application to the municipality in this regard, let them refuse to accept your request, after that you can consult an advocate in the local who will take care of all the sections and other rules involved in this.
It's the municipal duty to check the same
Dear
You should meet some local advocate for getting more details about the municipal laws of kolkata.