Hello Sir, My neighbour is building his house just near my boundary wall leaving no margin on his side. On ground floor, he didnot open any window on our side. But on first floor, he opened a window on our side leaving no margin. We asked him to close the window as he has left no margin, but he refused to do so. What legal actions can we take against him? Is it possible to close the window by law?
Can we also start construction from our side leaving no margin so that we can block the neighbours window?
Immediately lodge complaint with Munciiplaity so it stops further constructionist.
if it does not then file writ petition in high court.
Another option is to file declaratory suit in lower court and seek injunction against further constructionist.
Inform the local police as well
Is there any circular in Bihar which states that it is mandatory to leave 3 feet margin from boundary wall for opening a window in ones side.
1) has house plans being sanctioned by muncipal corporation ?
2) i f neighbour has carried on construction contrary to sanctioned plans you can complain to muncipal corporation
3) since your neighbour has refused to close the window move court and seek an injunction restraining neighbour from opening window on your side without leaving any margin
The place does not fall under municipal corporation. It is in panchayat.
you should not block your neighbour window . it would further aggravate the situation
move court for necessary reliefs as advised earlier
for circular pertaining to Bihar contact a local architect
Ok then lodge complaint with panchayat authority and then go to high court.
Remedy before the civil court is though remains open.
1. Has he not taken his construction plan sanctioned from the local Panchayat/Municipality?
2. If yes, then enquire how sanction for such illegal construction has been given to him.
3. If no, then send a complaint before the local Panchayat/Municipality against the said illegal construction after lodging a formal police complaint against your neighbour.
4. If panchayat/Municipality and/or police fails to take any action against the neighbour, file a Writ Petition before the High Court against the Panchayat/Municipality and police for their inaction praying for relief.
1. One illegal work can not be stopped by countering it with another illegal action.
2. Report the matter to the appropriate authorities and act as advised in my earlier post.
1. It is mandatory to get building construction plan sanctioned by local Panchayat/Municipality.
2. The Panchayat/Municipality will accord sanction based on the loacal rules.
3. So, approach the local Panchayat/Municipality first to know about the sanction of building plan.
4. If there is no such plan, act as advised above.
So, he shall have to take building sanction approved by the local Panchayat.
My neighbour is building his house just near my boundary wall leaving no margin on his side. On ground floor, he didnot open any window on our side. But on first floor, he opened a window on our side leaving no margin. We asked him to close the window as he has left no margin, but he refused to do so.
This is deviation.
"Deviation" means any construction made in departure from the approved plan by way of alterations or additions, modifications in the total floor area, coverage, floor area ratio (FAR), setbacks, height, parking space, provision of public utilities etc.;
If this deviation, which in your opinion is an unauthorised construction and is depriving your rights of ventilation or privacy, leaving no Space to be left about the building to secure free circulation of air, admission of light and access is causing you disturbance and torture, you may issue a legal notice to him to stop the construction of widow at your side without leaving the space required to be left as setback area, failing which you may file a mandatory injunction suit against him restraining him from constructing the window on yor side without following procedures and also to remove the windows already constructed violating the building construction norms.
Can we also start construction from our side leaving no margin so that we can block the neighbours window?
countering the neighbor with another illegal thing from your side will not bring you any releif or solution to the present problem.
Is there any circular in Bihar which states that it is mandatory to leave 3 feet margin from boundary wall for opening a window in ones side.
You may go through the BIHAR BUILDING BYE-LAWS, 2013 issued by the URBAN DEVELOPMENT & HOUSING DEPARTMENT, GOVERNMENT OF BIHAR to know about all the procedures in this regard, especially in Chapter-II, section 4 of the above law.
The place does not fall under municipal corporation. It is in panchayat.
Then you may refer to the rules as stated in the town and country planning department circulars in this regard.
1. He is free to make any construction on his land. The only rider is that he should not block air and sunlight from entering your property as these are vital to human survival. So the remedy for you is to file a suit for injunction against him to restrain him from blocking air and sunlight.
2. You are also at liberty to make any construction on your land. The same legal fetters will apply on you as on him.
I know no such circular anywhere in any state which mandates that a minimum margin must be left.
You may file a suit for injunction as previously stated by me.