Harassment caused by neighbour

Why did you remain silent all these years when you are facing trouble from your neighbour? Give a legal notice to your neighbour why he is not taking steps to repair seepage.  File a nuisance case against your neighbour through a local advocate.

Whether it is a flat in Cooperative Society or builder's apartment or RWA , laws differ in each case ?

However, if upper floor flat owner denied /ignored such leakage and all amicable efforts to get the leakage stopped have failed issue legal notice . Even then if you are not satisfied / leakage subsists file a case for compensation in civil court through a local prudent lawyer.

Certainly, you can seek remedies in a civil action. however, the Police have no jurisdiction in the matter. 

You can also try for a remedy theough the  adalat functioning in legal Service Authority/Committee.

Police complaint will not fetch you the desired relief, you may have to take legal action by first issuing a legal notice followed by appropriate legal action as prescribed in law for this purpose

LEGAL OPINION

Re: Water Seepage from Neighbour's Property Causing Damage to Adjacent House

The applicant states that for the last six years, water from the bathroom of the adjoining property has been continuously seeping into his house. Despite repeated requests, the neighbour has failed to rectify the defect. Complaints have been made before the local police and the Municipal Corporation of Faridabad (MCF), but no effective action has been taken.

The issue for consideration is whether the applicant has any legal remedy to permanently restrain the neighbour from causing seepage and recover compensation for the loss suffered.

1. Continuous Water Seepage Constitutes a Private Nuisance

Under Indian law, every property owner has a right to enjoy his property without unreasonable interference by another.

Where water from one property continuously enters another property causing dampness, structural damage, fungus, deterioration of walls or inconvenience, such act amounts to private nuisance.

The injured owner is entitled to seek:

• Mandatory injunction directing the neighbour to repair the source of seepage;
• Permanent injunction restraining further leakage;
• Compensation for damage already caused.

The law of nuisance is recognized under the law of torts and is enforceable through a civil suit.

2. Mandatory Injunction

The appropriate remedy is a suit under the:

• Section 38 of the Specific Relief Act, 1963 (Permanent Injunction)
• Section 39 of the Specific Relief Act, 1963 (Mandatory Injunction)

The Court can direct the neighbour to:

• remove defective plumbing;
• repair waterproofing;
• rectify leakage;
• stop discharge of water permanently.

Failure to obey such decree may result in enforcement proceedings, including attachment of property or civil detention in accordance with the CPC.

3. Damages

The plaintiff may also claim damages for:

• repair of walls;
• damaged paint;
• damaged electrical wiring;
• furniture damage;
• mould and fungus;
• mental inconvenience (where appropriate).

Evidence such as photographs, repair bills, engineer reports, and expert opinions should be produced.

4. Municipal Corporation

The Municipal Corporation is empowered under the applicable municipal law in Haryana to require owners to maintain buildings in a safe and sanitary condition.

If seepage results from defective construction or plumbing violating municipal building standards, the Corporation may issue directions to rectify the defect.

If the Commissioner fails to act despite a written complaint, the applicant may invoke the writ jurisdiction of the High Court seeking a direction to the Corporation to discharge its statutory duties.

5. Police Complaint

Ordinarily, seepage arising out of defective plumbing is a civil dispute.

Police generally have no jurisdiction unless the facts disclose:

• intentional damage to property;
• criminal intimidation;
• mischief;
• or another cognizable offence.

Therefore, the primary remedy lies before the Civil Court.

6. Interim Relief

Along with the civil suit, the plaintiff should file an application under:

• Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908

seeking an interim injunction directing the defendant to immediately stop further leakage pending disposal of the suit.

Where the Court finds that continuing seepage is causing irreparable injury, it may grant temporary relief.

Reliefs that may be claimed

The plaintiff may seek:

1.   A decree of mandatory injunction directing the defendant to repair the bathroom and waterproofing system.

2.   A decree of permanent injunction restraining the defendant from allowing water to seep into the plaintiff's property.

3.   Damages for repair expenses and losses already suffered.

4.   Costs of litigation.

5.   Appointment of a Local Commissioner under Order XXVI CPC to inspect both properties and submit a report regarding the source and extent of seepage, which is often valuable evidence.

Judicial Principles

Indian courts have consistently held that:

• every owner must use his property in a manner that does not injure neighbouring property (the principle underlying sic utere tuo ut alienum non laedas);
• continuous seepage causing structural damage constitutes actionable nuisance;
• a mandatory injunction is an appropriate remedy where monetary compensation alone is inadequate.

If the Municipal Corporation continues to remain inactive despite a statutory duty to address building defects, the applicant may also approach the jurisdictional High Court under Article 226 of the Constitution of India seeking a writ directing the municipal authorities to take action in accordance with law.

Such proceedings, supported by photographic evidence, engineer's reports, repair estimates, and a request for appointment of a Local Commissioner, offer the best prospect of securing a permanent resolution.

Regards           

Prateek Tigala

(Advocate)