Regulation of construction activity in a residential area
Akshay Gambhir
(Querist) 19 January 2013
This query is : Resolved
My grandmother is over 85 years old.
She is bed ridden and is unable to move.
Some months back she slipped and broke her ankle due to which she is on bed.
The bad weather is adding woes to her recovery.
Doctor has advised her rest so that she can recover well and quick.
Below is the Issue-
Consider the below arrangement of house placed back-to-back.
Row 1-> P--Q--R--S--T
Gully->---------------
---------------
Row 2-> A--B--C--D--E
-Ours is house 'A'( in Row 2).
-My grandmother's room is at the back of our home,i.e., just next to "Row 1" houses.
-There has been construction activity in house 'R' which just a few home next to ours('A').
-The laborers cut marble at the house just adjacent to ours (behind 'B'/'Q') and not behind the house of that of owner ('R').
-The reason is that the resident of house 'D' had complained of the noise from construction to the police.
-2 important thing regarding construction activity here->
a) the owner cuts large marble slabs into smaller parts and move them to the front of his house('R') for further cutting and finishing.
He cant directly place them there. He alleges the slabs are too heavy to be moved in there as one piece and do the cutting.
b) The area behind owner's house('R') is too narrow to be used completely for cutting marble. So he has 2 choices->
(i) either do marble cutting behind his own house along with use region behind house 'D', the latter being largely used; or
(ii) use the region behind his own house and that behind house 'B'/'Q'. Which brings him just adjacent to ours house('A').
-Earlier the construction used to take place as in case (b-i) but due to complain by the resident of house 'D' of the noise from construction to the police
the owner decided to opt for case (b-ii).
-We protested over the noise creating problems for our grandmother.
She is unable to sleep and this affects her recovery.
- The owner has said to us that marble cutting is only for a few days(4-5 days).
But the process has been well over 2 weeks and still it is not finished.
- There have been repeated protests by me, my mother and my father to him. Each time he assures us that it is only a matter of few days.
I am not sure how helpful will police will be.
-I am unaware of any rule/law that can come to our rescue.
Is there any law that -
(A) regulates/discplines construction activity in a house where a senior citizen lives.
(B) any law regarding cutting of marble from place of purchase and not at house where it is to be used.
Also any other law that can help us will be helpful.
-The owner (of house 'R') has been avoiding any direct confrontation with us and we our losing our pateince over his empty assurances.
-kindly help me
R.K Nanda
(Expert) 19 January 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 19 January 2013
File petition under section 133 of Criminal procedure code before SDM but better to solve the problem with mutual conversation as this is temporary work and after all they are your neighbours.
