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Sravan Kumar   05 May 2021

Blocking of ventilation by neighbor - raising podium height

Blocking of Natural light and air by neighbour - Raising his podium level by 10Feet/My flat's lintel lelvel

My Flat is spread across 35 feet in South side and is the main source of natural light and fresh air. 
We are peacefully living here with the natural passage of air and light since we stepped into this apartment.
1. While things stood this, a new gated community Construction adjacent to our apartment has come up with the construction of swimming pool in WEST Corner adjacent to our compound wall without any setbacks. 
2. This new gated community's compound wall is above our Ground Floor flat's lintel level and is above 15 feet from my apartments ground level. 
3. When I spoke to that new gated community builder he claims, the road facing towards them is at a height of 10 feet and hence we raised our podium by 10 feet and the compound wall is 5 feet. 
So, as per our plan and guidelines, the compound wall is only 5 feet and he says, we dont have a right for objection. 
4. The road facing towards is community on the front side may be 10 feet., but, not all sides. 
By doing so, many flats/individual apartments in Ground floor are not getting light and air. 

a. No setbacks in one corner. 
b. Raised podium height by 10 feet and compound wall by 5 feet, there by blocking natural light and air.

Please guide on how to handle this situation/what can be done from our side?  
Please let me know if builders can raise the podium height as per his wish or will there by any rules?
What are the guidelines for two adjacent gated communities interms of construction of a compound wall, heights and setbacks?

Thank you!
 



Learning

 9 Replies

Sankaranarayanan (Advocate)     05 May 2021

Consult local lawyer and act

1 Like

Sravan Kumar   05 May 2021

Thanks for the reply, Sankar Narayanan Sir. 
What does the law/act on which we can move forward - Will our case be entertained/able to withstand in the court of Law?
What could be the Builders arguement/rights in this case?
Can you please elaborate? 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 May 2021

1. You may prefer to file a local Civil Court suit against builder /neighbor apartment, and seek directions to demolish the offending /blocking wall. This may require a local Architects Plan/drawing & report showing the facts.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

1 Like

Sravan Kumar   05 May 2021

Thanks for the reply, Sir. 
I have filed an RTI (Local Municipality/Hyderabad GHMC) requesting for Building plan and permission copy., yet to receive the reply for RTI application.

But, the GHMC officials are insisting me to discuss with neighbour and not taking any action.  Filed over 3 complaints(with inward copy) to all officials in GHMC.  
Have you handled any such cases, Sir? 
The builder is a big guy, would my case withstand in Court (Because, they are saying, we have raised podium height by 10 feet as per the road facing towards our building and the compound wall is only 5 feet.)?

Pradipta Nath (Advocate)     05 May 2021

Engage an Advocate to ensure your easementary rights!

Dr J C Vashista (Advocate)     06 May 2021

I endorse the opinion and advise of experts, you will have to seek professional service of a local prudent lawyer.

1 Like

G.L.N. Prasad (Retired employee.)     06 May 2021

Escalating the RTI to the second appeal level and getting all such approvals/permissions, and filing this as a grievance under citizen charter, and then issuing a notice to GHMC are inexpensive and not time-consuming activities.  The final remedy with all the available records, notices, facts is bringing an injunction against such activity from a competent court and that can only be done by a local advocate alone

1 Like

Trivendra Sharma (Practicing Lawyer 9918411669)     06 May 2021

You have all rights under Indian Easement Act 1882.  

1 Like

T. Kalaiselvan, Advocate (Advocate)     07 May 2021

As per Andhra Pradesh Building Rules 2012  Published vide Notification No. G.O. Ms. No. 168, M.A. & U.D., dated 07.04.2012 Last Updated 10th September, 2019:

Section 7 Requirements for high rise buildings

(b) Tower and Podium Type Building:

(i) Height of the building shall be allowed up to 50m.

(ii) For Podium, i.e., Ground plus first floor: all-round setbacks shall be 7m.

 

You may obtain the information about his plan approval through RTI act and  then file a suit for mandatory injunction seeking easement rights. 

Private nuisances include acts leading to (a) wrongful disturbances of easements or servitudes,. e.g obstruction to light and airdisturbance of right to living

 discomfort in breathing as the air is polluted.

continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment.

The right to light is nothing more or less than the right to prevent the owner or occupier of an adjoining tenement from building or placing on his own land anything which has the effect of illegally obstructing or obscuring the light of the dominant tenement. It is in truth no more than a right to be protected against a particular form of nuisance, and an action for the obstruction of light which has in fact been used and enjoyed for twenty years without interrupting or written consent cannot be sustained unless the obstruction amounts to an actionable nuisance.
An owner of ancient light is entitled to sufficient light, according to the ordinary notions of mankind, for the comfortable use and enjoyment of his house as a dwelling-house, if it is a dwelling, or for the beneficial use and occupation of the house, if it is a warehouse, a shop, or other place of business.

 

You can consult a local advocate and proceed as the suggestions received

 

1 Like

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