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neighbour giving lot of problem on property issue what to do


19-Aug-2023 (In Property Law)
A neighbour, back side of my home not left any any set back ( built full 40" feet length in 30*40 site) and has kept windows. After that he is falsely claiming 0.5 feet in our site to keep Windows. Since he may have bribed the BBMP engineers they are not taking action inspite of many complaints (They are like " let him keep! What's your problem?" ). Can you please clarify what is the minimum set back to keep windows on wall? And can we bring any stay from the court to stop the construction?
Answers (4)

Answer #1
869 votes
Hi, usually the set back to be left is 3ft. The sanctioned plan usually has the amount of space to be left as set back. So, please refer the sanctioned plan and file a complaint with the BBMP Commissioner and get an acknowledgement.

If they do not pay heed, please talk to your neighbour before you either make police complaint or you could also approach the civil court and get a stay order if your neighbour is still constructing his house.

Answer #2
847 votes
as per the BBmp Rule stback they should leave minimum 10-11 sqfeet front and 10-11 sqft on right side, this bylaw of the BBMP to sanction the plan.if the encroach your property you can fail a suit for remedy the situation you may apply to the High Court or District Court (depending on the value of the land encroached on) under the PROPERTY LAW ACT 1952. The Court has a discretionary power to make a variety of orders to deal with the situation.
Answer #3
991 votes
Yes you can file a suit agasint your neighbour for encroaching into your property illegally and can get the Ex parte interim order of stay to stop constructionas . He is fixing the window by voilating the norms and rules. At least he should leave Two feet as set back to fix a window. It is prima facie clear that he is encroaching your property and trying to fix the window. File a suit for permenant injunction agasint him and get the stay order from the Court.
Answer #4
715 votes
I suggest you to first check with the approved building plan from BBMP and thereafter if the construction is found in violation of the building plan then file a injunction suit against that person before the civil court.

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