Navneet (student) 06 August 2011

Neighbours renovation/extension

I am from Chandigarh, recently my neighbors started constructing a room in their back veranda and is creating lots of dust and dirt and didn't even inform us about this forehand. And water from their construction is continuously flowing in our house since last two days. We have even requested them to take care of this but our request has fallen on deaf ears. Is there any rule under IPC where they need to take permit before any renovation or construction and has to inform neighbors. As when I was in Bangalore I saw people before starting their construction use to put black polythene sheets next to neighbors wall so that they don't have any problem(leftover, dust and dirt) due to their construction. I just want to inform my neighbors about this as they raising their voices on our request. My mother is really tired of cleaning for last 5 days.

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sumana (practice) 08 August 2011

You can send your neighbour a legal notice stating the problems your are facing. also tell him that you do not really have any problem in his construction except the dust factor is causing nuisance. Also suggest him with the idea of using plythene sheets during the construction work otherwise his conduct will amount to malafide intention towards you and this will compel you to serve an injunction notice to your neighbour's construction under order 39 Rule 1 of the Civil Procedure Code.

I hope the above has been explained to you well.

Navneet (student) 09 August 2011

Thanks Sumana for this information.

Just wanted to ask we don't have any rules in Indian law like in NY and Singapore ( I just saw on google while search'n acts under IPC, and want to know just out of curosity), where I saw they have to take renovation permit and also they have to construction or renovation in specific time slot in day n cant do it on weekends also they have to inform there neighbours forehand (specially incase there neighbors are old ppl or infants living next door) the Environmental Planning and Assessment Act 1979 (NSW). Isaw many acts similar to this where they take permit even for renovation in their house.

Just saw this pdf regarding Neighbour Law of some other country (https://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/neighbours.pdf).

Anyways thanks, I have no intention of sending any notice to these guys, I just couldn't tolerate there attitude n my moms pain of cleaning all. However if they will act smart I am def gonna mention 39 Rule 1 to them.

Thanks again for this piece of info.

sumana (practice) 10 August 2011

In ur first post u have mentioned that u r from Chandigarh. so I have advised accordingly following Indian laws. Now u r saying that ur house i.e cause of action is in Newyork, threofre u have to abide by The country's laws where ur are residing at present or where the cause of action ensues. you cannot take help of Indian laws if ur cause of action arises in NY by taking the plea that u r a Indian citizen. You have to abide urself by that country's laws. So therefore in that aspect Order 39 Rule 1 of CPC will be of no help to u.

Navneet (student) 11 August 2011

Hi, It seems u didn't understand my last post , I am from Chandigarh and I completly understand that person has to adhere to rules of residing country (i.e. I cant carry rules of my country in sm other country). I was just asking you do we have similar rules in our country(India) and I think your answer would be no. I think there is no such laws of taking permit from court/MC before renovation or house extension in India.

However lots of thanks for Order 39 rule 1 CPC info.