Illegal construction by neighbor with threat to my safety

Soma Pandey (Querist) 07 February 2022 This query is : Resolved
My neighbor has taken advantage of my sickness. My whole family was down with Covid and at that time during Isolation she constructed a pergola with Mangalore tiles on her second floor terrace which has been built 6 inches inside my compound and the tiles slope is such that all rain water and roof pebbles etc. are falling on my first floor terrace because ours are row houses with common wall. Pls advice what can be done

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A homeowner is seeking advice after their neighbour constructed a pergola that encroaches onto their property and causes water runoff issues. While an amicable settlement has been attempted, the neighbour has refused to comply. The homeowner has filed a complaint with the local municipal authority (BBMP), who have instructed the neighbour to remove the offending section. The homeowner is considering further legal action, including a civil court injunction, if the issue is not resolved promptly.

kavksatyanarayana (Expert) 07 February 2022
It is better to go for an amicable settlement to avoid prolonged cases. Otherwise, consult a local lawyer for further guidance.

Advocate Bhartesh goyal (Expert) 08 February 2022
File suit for injunction ( mandatory and prohibitory ) against your neighbour and seek stay order.

K Rajasekharan (Expert) 08 February 2022
If building rules are applicable in your state, and the building construction is done based on the basis of the rules, the licensing authority (probably Municipal or Grama Panchyat Sectary) can take action, including demolition of the part of the building that extends over your house plot, on it.

Soma Pandey (Querist) 08 February 2022
Thanks a lot Sir for all the valuable advice. I complained to Bangalore Maha Nagar Palike. Their inspector met the neighbors and asked them to remove the portion inside my property. They have offered to put the gutter water drainage pipe under the tiles, which if fixed will further come inside my property so I asked BBMP officer to get the last row of tiles which is inside my property to be removed

SHIRISH PAWAR, 7738990900 (Expert) 08 February 2022
Hello,

You have already made a complaint to Bangalore Maha Nagar Palike, so follow up with them and inform them that it is still not removed. Otherwise, you can approach the civil court and file an injunction application against your neighbour.
But before taking legal action resolve the disputes amicably as he is your neighbour.

Dr J C Vashista (Expert) 09 February 2022
Police can just help you to a limited extent to avoid law and order situation.
You should discuss and sort out the problem amicably, in case they do not agree move for permanent prohibitory mandatory injunction suit through a local prudent lawyer

Soma Pandey (Querist) 09 February 2022
Ok sure thanks a lot I will definitely keep following up with BBMP. Amicable solution isn't possible because she straight up refused to remove the portion jutting inside my terrace

Dr J C Vashista (Expert) 10 February 2022
Move to civil court of jurisdiction through a local prudent lawyer for a permanent/ prohibitory and mandatory injunction as advised by learned experts.

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