Leaving space from the wall to the compound
The next plot is of the measurement 30 FT X 72 FT. They had property division (into 4 parts) and everybody has 15FT X 36 FT ....They have an internal agreement of leaving 2.5FT as passage space inbetween.
Now the person who has got his part in NW corner (Next to my home) has demolished the old building and wants to construct new one (Ground + First floors) Problem is he is not leaving any space for venilation and wants to extend his building till the compound, due to which my home will be completely dark even during day time. We have left 2.5FT in all the four sides. I have already lodged a complaint in BBMP (Bruhat Bangalore Mahanagara palike) office. Guess engineer has asked him to have verbal agreement with me and hence the owner and contractor came, helped them understand the situation, however they are not ready to leave the space. Please help me with next steps.
Asked 8 months ago in Property Law from Bangalore, Karnataka
File RTI application with BBMP and obtain copy of plans sanctioned by BBMP for neighbouring plot
2) check whether neighbour woukd be leaving 2.5 sq feet
3) if he refuses to do so move court and seek injunction restraining carrying on any unauthorised constriction contrary to sanctioned plans
4) contact local lawyer
they have to leave space. no authorities will permit to construct a structure by neck to neck or abating to neighbor he has to leave at least 3 fts. you have already lodged a complaint before concerned authority, if they not responded properly then better to approach court of law by filing a civil case and better to obtain a proper order viz., injunction order restarting them from construction without leaving space.
1) Your neighbor cannot restrict your right to air and light.
2) The Position of Law on your right to Air and Light is that it is either a natural right or a right acquired by an easement. The right to light and air as pointed out by legal authorities in the law relating to Easement in India may be either a natural right forming one of the incidents Of property or it may be an easement
3) Also your powers as a neighbor are exhaustive and you have powers to even stop the unauthorised construction or construction in deviation of approved building plans by filing a writ in the District court.
4) You should issue notices to your neighbor and BBMP against unauthorised and illegal construction(construction in deviation of approved building plans is also ILLEGAL construction)
5) If the neighbor does not stop the illegal construction inspite of your notice, then you should file a suit against your neighbor and BBMP against unauthorised, illegal construction and deviation to building plans and also request the Honble court to demolish the unauthorised, illegal construction which is in deviation to building plans and are restricting your access to Light and Air.
6) You have every right to protect your property and it is your neighbor's duty to construct the property by leaving adequate set backs and in line with the building plan so sanctioned.
7) Courts are normally sensitive to violation of rights pertaining to Light and air and will order Demolition of unauthorised and illegal construction that are violating your rights to light and air.
Leading case law of Supreme Court of India N.Anantha Reddy vs Anshu Kathuria & Ors on 2 December, 2013 wherein it reinforced the rights of neighbors and decreed that the neighbor has the right to complain against neighbor's construction.
Hope this helps
1. The right to have free air and sunlight subsists against the right of the title holder of the neighbouring land to construct and augment the property on the land. You can thus file a suit for injunction against him in the civil court to restrain him through judicial orders from blocking passage of air and sunlight.
2. BBMP has no authority of law to restrain him, only the civil court can.
If the neighbor is adamant to not to abide by the local laws related to the construction and is intentionally causing disturbance to the neighbors, you may immediately file a mandatory injunction suit against him seeking to restrain him from constructing his building without leaving set back space as is required under the local laws and also an application for interim injunction on the same lines restraining him from proceedings with the proposed construction till the disposal of the main suit.
Let him challenge your suit and contest the same on his own version before court defying the local laws in this respect. You may implead the BBMP also as a party to the suit which will add advantage to your relief when they would explain the law in this regard before court.