Harassement by neighbour

Mahesh Shah (Querist) 24 October 2012 This query is : Resolved
Respected Sir/s,

I am staying on a 6th floor of our society building. My flat locates on a corner side and we have one flat occupied by our neighbour. We have been severally harassed by our said neighbour for one or another reason since last 15 years.

At present, they have undertaken major renovation works in their flat. They have demolished several structures including one pillar inside the flat. They fixed the Split A/C Unit Box on the wall of the building outside the flat and below the level of their sliding window. However, my main concern is that they have fixed their safety door in such a way that it opens outside the flat and one side of the door opens towards our main door side. When their said safety door remains in open position, it almost restricts our movement from the our flat to outside. They intentionally kept their safety half safety door open, may be to harass us. During the renovation, they have again installed the safety door in a manner becoming more troublesome to us as compare to earlier position.

Sir, to resolve my said problem, what is the legal remedy available to me. Should I approach the Municipal Authority or to Police Department or any other remedy?

Please reply.

Thanking you.

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adv. rajeev ( rajoo ) (Expert) 24 October 2012
First convince them about the problem you are facing, if neighbour didn't heed your request then approach the court to remove the door. File a suit for mandatory injunction.

Devajyoti Barman (Expert) 24 October 2012
Civil suit for injunction is definitely an option.
If you think a quick prod from the court may solve the issue then file a case 144 crpc.

V R SHROFF (Expert) 24 October 2012
It seems it is co-op hsg society.

If so, Lodge your Complaint and your problem with Secretary , of Society. Also complain to Local Municipal corporation for illegal repairs. renovation and changing structure, damaging column & beam and basic structure of Flat without obtaining previous written permission of Municipal as well as Society. Also complain to Registrar , co-op Soc for violation of bye -laws , touching basic structure, occupying common space and restricts our movement from the our flat to outside.
FIGHT IT OUT.

IF IT DON'T WORK OUT, MAKE ALL THOSE A PARTY AND FILE CIVIL SUIT FOR INJUNCTION.