1) file suit and seek court orders restraining neighbour from interfering with construction on your property
2) enclose copy of building sanctioned plans
3) copy of building commencement certificate
Hi! I am a small scale builder in Bangalore. I am facing problems for my new residential project construction.A neighbor of this project is creating huge problem for construction.He has no connection with this property but still He is regulary complaining to police and corporation people and not allowing to complete the project. Everybody are demanding bribe to allow the construction. Can I take a stay order from the court to continue my construction? Please suggest any solution.
1) file suit and seek court orders restraining neighbour from interfering with construction on your property
2) enclose copy of building sanctioned plans
3) copy of building commencement certificate
1. This is a civil dispute and hence it can be remedied only by a civil court.
So in other words the police is not of much use.
In that event you will have to file a suit in the civil court of declaration and injunction whereby the person obstructing your constructions would be restrained by court by an order of injunction.
Dear Sir,
If you have documents then you can approach the Court by filing a simple suit of permanent injunction and get a stay against him and his supporters.
See if the neighbour is unnecessarily creating trouble seek injunction against the neighbour by filing a suit in the civil court.
1. This is usual with all Builders (small or big) and some amounts for such nuisances and demands have to be kept aside, which are labeled as "nuisance fund". It is virtually impossible to escape, despite you having all legitimate permissions.
2. You have to suffer because your costs increases due to any action or litigation, which you cannot afford and your goodwill comes at stake in the market for the unwarranted & unseen delays.
OPTION (though not advisable):
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, blackmail, threatening, 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.
As far as bribe is concerned make an Evidence for the same and make a formal Complaint before the Anti Corruption Bureau in Police.
As far as nuisance created by neighbour is concerned, you should file a written Complaint to the SSP Pune and demand action upon the nuisance making actions by the neighbour.
You have the right to construct the house and the neighbors does not have the right to object. If the neighbors still troubles for construction then firstly you shall try to resolve the issue on your own and if he still cause any hindrance in the construction then shall file an FIR against your neighbor or else you can approach an advocate and file a suit for injunction.
if some authority has served you to stop your work then only you can go to court. let them do whatever they want to if you are legally right they will not able to do anything. you can go only in court only if any authority has passed orders to stay the construction
Hello,
Not a stay order but an injunction order from the court so that you may be allowed to continue with the construction peacefully and in an legal manner .
regards
You can lodge a civil suit for injunction against all the persons interfering in your possession and get an ad interim exparte injunction against the concerned persons including corporation. If police is interfering in this matter lodge a complaint with the IG or DCP of your jurisdiction since police has no right to interfere in civil matter.
If your neighbor is unnecessarily interfering and causing hurdles to your construction or its progress, you may file a permanent injunction suit against him seeking to restrain him from indulging in such acts which causes you loss and hardships.
You may consult with your advocate and proceed.