umesh 02 May 2022

Breaking of compound wall, now not allowing to re build

sir

good evening

First of all thanks to LCI and all its respected members for enlightening us on bewildering topics.

i am a combatant member of indian armed forces from jogbani , bihar. I own a plot on my wife name.in 2005 on a sub road( widdth 9 foot) having 80 foot front. than a corner). The neighbours ( one house away from my home) broke my boundary wall on corner by their tractors with trolleys ( while performing routine business of sand filling and parking ) daily frequent times. As we do not stay there, could not see who in particular broke it, but its sure the tractor did it intentionally to have easy steering at corner. Since last many years it remained broken and totally open at corner as i did not reconstruct it.

Now when i am constructing it again, He with his 5-6 men is stopping me from construction. He is pressurising me to amend my compound wall at corner and threating me that again it will be broken like last time.

i seek your kind and sincere remedy.

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 02 May 2022

give a complaint to local municipality authorities & police

Shashi Dhara 02 May 2022

Issue legal notice and take stay against him for objecting to re construct wall ,in civil court .

SUMAN CHAKRABORTY (7278624428) (Legal Practitioner) 02 May 2022

Kindly go to your nearest police which under the jurisdiction of that place and make a complaint against such threating. Thereafter you need to file one injunction case along with a title suit before the Civil court for reconstruction of the said wall.

Advocate Bhartesh goyal (advocate) 03 May 2022

Lodge FIR against your neighbour for his illegal act and threatning to you also file injunction suit against him and get restraind him not to make. any obstractions to errect wall or constractions .

Vrinda 03 May 2022

Hello sir,

The following are the steps you can take -

1) Issue legal notice to builder that on account of construction work being carried out by the builder in for the your house has suffered damages. Quantify the loss caused to you and ask builder to carry out repairs within period of 7 days from receipt of notice.

2) Complain to Municipal Corporation.

3) If the neighbour/builder refuses to make payment or carry out repairs file suit to direct builder to carry out repairs or pay you for the repairs.

4) Contact a local lawyer.

5) Further, you may file a suit for bare injunctions restraining them for construction of the work.

6) You may file a suit for damages as against the builder/neighbour for the damage caused due to their construction work.

Hope this helped to solve your query!

Regards
Vrinda