• Harassment caused by neighbor and RWA

Hi, I stay in C block SFS Flats Saket New Delhi on the ground floor. We have a nieghbour on the first floor who has been harrasing us since day one when we shifted to this house. He made a room on our roof without any consent and has an under built tank on the garage and covered the shaft and made rooms. And at our house we have a area which we covered with putting grills for our safety as its the ground floor. But this man has put our complaint in MCD that we have captured public land. however we bought the house by the first owner in the same format and when he himself is involved in so many illegal activities then how can MCD overlook this matter and they have demolished the same twice. One was with notice and other without notice. Also our RWA is in support to him because they all have some or other kind of encroachments and they are staying there from older tenure. Kindly help me because i m being harassed by neighbor and RWA. how can I fight against them legally Also because of his illegal construction we have cracks and seepage in our rooms. Please Suggest and I have pictures of illegal constructions in my area.
Asked 10 days ago in Civil Law from New Delhi, Delhi
1) file complaint against neighbour before MCD For unauthorised construction carried out by him 

2) mention that on account of unauthorised construction your house has started leaking and RWA is not taking any action 

3) if MCD refuses ti demolish unauthorised construction then file suit in HC against neighbour and MCD and seek orders for demolition of unauthorised construction 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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Then you should file suit to direct MCD to demolish illegal construction 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1) contact a local lawyer 

2) he would draft and file suit in district court to direct municipal corporation to demolish illegal construction made 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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You should stop making rounds of civic authorities as they are corrupt and inefficient. Your remedy is before the civil court through a civil suit for mandatory injunction and permanent injunction against the neighbour and MCD. The court can direct the MCD to demolish his illegal structures and also issue an order of permanent injunction against the neighbour to restrain him from making further illegal constructions.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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Engage a lawyer to file a civil suit for mandatory injunction and permanent injunction against the neighbour and MCD. The court will pass necessary directions.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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1. It is no logic that since his illegal construction has not been demolished, your get entitled to hold your illegal construction without being demolished by the MCD.

2. All illegal construction should be demolished after following the due process of law.

3. Lodge a complaint to the MCD alleging the said illegal construction of your neighbour under copy to the local police.

4. If the MCD and police fail to act within 15 days from the date of receipt of your letter, file a writ petition against MCD and also police for their inaction praying for appropriate direction upon them and grant relief to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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1. File the Writ petition as suggested in my earlier post before the High Court.

2. Engage a lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. It hardly matters whether RWA is supporting him or opposing him.

2. If he has made any illegal construction, the same shall have to be demolished.

Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
File the Writ Petition as suggested in my earlier post immediately asking for relief from the High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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You have stated that the neighbor is harassing you from the day one but you have not mentioned hat kind of harassment he does to you other than making a complaint agaisnt you with MCD for putting up construction in the common place. 
It is wrong on your part to occupy the common place and put an extra grill gate in the common place causing disturbance to other members/occupants in the RWA/apartments. 
If he has constructed an extra structure in the common place you can also make a complaint agaisnt it. 
If you are aggrieved over his activities and he is posing a real nuisance you may make a complaint agaisnt him with the local police also. 
You may take the help of an advocate to deal with this as practical issues or involved in this situation.

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Hi,
We already filed a complaint in MCD but no action was taken and also a RTI was filed of which we got a generic revert

If the information sought through RTI act has not been provided then yo prefer an appeal and second appeal with the information officer/PIO
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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This neighbour himself is member of RWA and thats why RWA is supporting him

You may write to the president/secretary of the RWA about the nuisance the neighbor is creating for you with a request to direct him to refrain from indulging in such undesirable activities. 
After that you may  drag the RWA to the consumer forum for their deficiency in service for not taking any action agaisnt him or fail to check or curb this menace. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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but how to proceed with that I mean I am clueless. His one of the Motto is illegally take the other part of our terrace too. Which we are not in favour of giving. As he already constructed an illegal room on our terrace and his balcony

You may have to initiate legal action as envisaged in law and as per suggestions by your lawyer based on the prevailing situation. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Dear Concerned, 

The best and fastest remedy for your issues is filing a Writ in the High Court, as the MCD is not taking action on the subject, you can file a writ in the high court questioning the acts of MCD. 

You would certainly get desired results.

Best of Luck
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
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