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Legal remedy against construction obstructing light & airflow
03-Feb-2023 (In Civil Law)
I am from a Christian family living in province area of Kottayam District. A place named Yendayar. My opposite party had a one story building less than a meter far from our kitchen and bedroom which is our house backside. This building uses a salt box roof. Their building constructed 12years back and they entirely build a wall there to stop complete air/light flow to my house. This building belongs to a school and they use this particular areas to cook food. So we also have an issue with the heavy smoke coming to our house and if it rains water splash continuously to our block which makes the wood of our windows and doors weak. Now they removed the top and doing some renovations on the building. How can I stop them from construct something which totally affects my house with no light / no airflow and other issues mentioned above. Please help.
First of all give a complaint to the panchayath or muncipality regarding the construction. And also say that it restricts ur right! Thereafter give a suit for permanent prohibitory injunction and seek a temporary injunction for stopping the work. As the right to light and airflow cannot be obstructed.
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Adv. Shyamdeep Shenoy
Kochi | 25+ Answers
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File RTI application and obtain copy of building sanctioned plans sanctioned by local body (panchayath/ Municipal /Corporation). File an Injunction suit retraining them from further constructions which is contrary to sanctioned plans.
You have two opportunity .
You can file complaint the authority which sanctioned the approval for building construction with a complaint in this regard, who will inspect the construction and may order the neighbor to abide by the rules or to face action to revoke the permission or cancel the approval.
Secondly ,
File case before civil court .There are legal remedies for stopping the construction by obtaining a stay order through court by producing documentary evidence to prove violations of constructions which cause you damages and other issues. It is necessary to remember that there is no such thing as a natural right of privacy recognised by law anywhere in India. It is only a customary easement arising by virtue of a local custom. As provided by Section 18 of the Indian Easements Act, 1882, an easement may be acquired in virtue of a local custom. Illustration (b) to Section 18 of the Indian Easements Act which reads as follows makes it quite clear that a right of privacy can be acquired as a customary easement.
You have two opportunity .
You can file complaint the authority which sanctioned the approval for building construction with a complaint in this regard, who will inspect the construction and may order the neighbor to abide by the rules or to face action to revoke the permission or cancel the approval.
Secondly ,
File case before civil court .There are legal remedies for stopping the construction by obtaining a stay order through court by producing documentary evidence to prove violations of constructions which cause you damages and other issues. It is necessary to remember that there is no such thing as a natural right of privacy recognised by law anywhere in India. It is only a customary easement arising by virtue of a local custom. As provided by Section 18 of the Indian Easements Act, 1882, an easement may be acquired in virtue of a local custom. Illustration (b) to Section 18 of the Indian Easements Act which reads as follows makes it quite clear that a right of privacy can be acquired as a customary easement.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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Buildings are to be constructed by leaving the requires set back from its sides as mandated in Building rules. If there is violation of building rules the same can be agitated before the concerned local authority by filing a complaint and obtaining a stop memo to stop such illegal construction and to get such construction removed. So also you have a right of easement of air and light which can be agitated before a civil court by filing a civil case.
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Adv. Murugan E.M.
Ernakulam | 25+ Answers
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Hi,
In this case you can file a detailed petition to the panchayath / municipality concerned, addressing all this grievance and you can request to issue a stop memo. After that you can file a Writ petition in the Kerala High Court to ensure your said rights, by pressing a stop order from the panchayath / municipality concerned.
Regards,
PT Sheejish
Advocate,
Ernakulam
In this case you can file a detailed petition to the panchayath / municipality concerned, addressing all this grievance and you can request to issue a stop memo. After that you can file a Writ petition in the Kerala High Court to ensure your said rights, by pressing a stop order from the panchayath / municipality concerned.
Regards,
PT Sheejish
Advocate,
Ernakulam
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Adv. Sheejish P T
Ernakulam | 100+ Answers
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