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RAHUL GUPTA (MANAGER)     02 August 2024

A person who has disobeyed building bylaws can he ask others to follows building bylaws

My neighbour has constructed his house by covering all setbacks in contravention of building bylaws resulting in blocking of light and air to his own house .

Now he has filed a suit for injunction against me for enforcement of municipal bylaws else  his light and air will be blocked .

Can a person who is wrongdoer himself seek enforcement of building bylaws by others for his own relief  ?

Is there any relevant and impactful ruling in this regard ? 



Quick Summary
This discussion questions whether an individual who has themselves violated building bylaws can seek legal enforcement of those same bylaws against a neighbour. The neighbour in question built their house, contravening setback rules, which subsequently blocked light and air to their own property. Now, the neighbour is suing to enforce bylaws, claiming their own light and air will be blocked if the other party doesn't comply. The core issue is whether a 'wrongdoer' can claim relief by asking others to follow rules they themselves have broken.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     02 August 2024

If he has filed a suit which is bad in law then you challenge the same properly on the basis of the documentary evidences in your support and the the law which has been contradicted by him.

Without knowing the case details or at least a brief background details of the case, any further opinion may be a misguidance

P. Venu (Advocate)     03 August 2024

Yes, facts posted are too sketchy. However, you may plead these aspects in your written statement.


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