• Objection in opening window facing our side while construction

My neighbor is constructing their 3-4 story building which is conjunction to my boundary wall. They haven't left any margin in their land  facing our side and opening big sized windows facing to my property.  Could you please let me know is there any provision in law to stop them doing so? We have tried to short out this by dialogues but they are stubborn , not even willing to hear us.  Waste material, cement etc. due to this construction is also one of issue we are facing with this day-to-day. As per my understanding if person not left any margin in their land, can't open any window facing that side/other property. What is legal procedure for the same, they are harassing us. Please help/advice.
Asked 11 months ago in Property Law from Patna, Bihar
Religion: Hindu
1) file RTI application and obtain copy of building sanctioned plans sanctioned by muncipal corporation 

2) you  can move court and seek an injunction of construction is contrary to sanctioned plans 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Hello,
1) If they have not shown the willingness to discuss the issue and blatantly encroaching into your privacy and have flouted rules and regulations for construction you can approach a court of law and file a suit and obtain an injunction abainst the construction citing the nuisance caused.

2) It is advisable to file an RTI application to obtain a copy of their building plan to determine if they are building as per approved plan or have made any modification.

3) If the waste materials from the construction is being dumped into your property or they are causing you problems you can make a complaint to the local authority like the Municipal corporation as it is the responsibility of the one who builds to take necessary precaution to avoid any nuisance. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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It is necessary to remember that there is no such thing as a natural right of privacy recognised by law anywhere in India. It is only a customary easement arising by virtue of a local custom. As provided by Section 18 of the Indian Easements Act, 1882, an easement may be acquired in virtue of a local custom. Illustration (b) to Section 18 of the Indian Easements Act which reads as follows, makes it quite clear that a right of privacy can be acquired as a customary easement.

"Illustration (b). By the custom of a certain town no owner or occupier of a house can open a new window therein so as substantially to invade his neighbor's privacy. A builds a house in the town near B's house. A thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portions of A's house which are ordinarily excluded from observation, and B acquires a like easement with respect to A's house."

It is clear from illustration (b) to Section 18 of the Indian Easements Act, 1882 that in order to entitle the plaintiff to a decree for a mandatory injunction directing the defendant to close the window put up in his own property, the plaintiff must establish that there is such a customary right in the town where the properties are located that no owner or occupier of house can open a new window therein so as to substantially invade his neighbour's privacy. The plaintiff, therefore, has to plead and prove that there is a custom in the town where the properties are situate that no owner or occupier of a house can open a new window therein so as to substantially invade his neighbour's privacy. He has further to establish that the plaintiff has enjoyed such customary right of privacy and that there is an infringement or a threat to the infringement of such a right
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Hi, You can lodge a complaint in the local body that your neighbor has constructed the property without any set back and in violation of sanction plan and license and ask them to take suitable action.

2. You can also file a suit for easement for light and air as your neighbor has created obstruction for easement of light and air.

 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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You can seek injunction from the civil court to restrain him from constructing in a manner that would block sunlight to your property. It is not mandatory that the neighbour should leave some margin between his wall and your wall, but you can restrain him if sunlight is blocked.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
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When carrying out such constructions or alterations, extensions, or redevelopments, home owners and their  architects or engineers are encouraged to consider the possible impact on neighbouring houses and the potential
concerns of their neighbours. 
If he requires access to his neighbour’s property during the construction period, try to obtain their written consent at this stage.  He cannot construct a window adjoining the neighbor's wall without leaving a set back in his side. 
Actually the neighbor should, as per law. 
1) Seek advice from his architect, engineer and builder on adopting appropriate construction methods and take precautions to minimise the potential impact.
2) Inform the  neighbours of the intended works and seek their understanding.
3) Address their concerns, and where possible, incorporate their suggestions into your construction plans and/or schedule.


Also the neighbor should advise his builder to take the necessary safety measures to prevent the construction debris from falling into the neighbour’s properties. Such measures include providing robust hoardings (A temporary fence erected around a construction site)  or nettings along the common boundary walls.

There are legal remedies for stopping the construction by obtaining a stay order through court by producing documentary evidence to prove violations of constructions which causes you damages and other issues. 
You can also inform the authority which sanctioned the approval for building construction with a complaint in this regard, who will inspect the construction and may order the neighbor to abide by the rules or to face action to revoke the permission or cancel the approval. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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