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Is building a PG service in residential area legal ?
10-Jan-2023 (In Property Law)
I live in a residential area where the atmosphere's usally quiet . Now that's changed as P.G Service is being constructed near my house . The Builder has decided to sell the house with the property once the construction is finished .Now , to the problem , the Builder is planning to construct a wall in such a way that it's half a wall few windows ( of kitchen & bedroom , like boxes facing outward ) again wall and windows , vertically . He hasn't left space as the Building By - Laws dictate . I've tried to talk with him in civil manner to change his plan or atleast leave space but , he denies it explaining that its a loss to him & passive - aggressively threatned me . (His bad reputation preceeds him ). Is there any way possible , legally speaking , to make him raise a complete wall facing my house ??
It is clear from illustration (b) to Section 18 of the Indian Easements Act, 1882 that in order to entitle the plaintiff to a decree for a mandatory injunction directing the defendant to close the window put up in his own property, the plaintiff must establish that there is such a customary right in the town where the properties are located that no owner or occupier of house can open a new window therein so as to substantially invade his neighbour's privacy. The plaintiff, therefore, has to plead and prove that there is a custom in the town where the properties are situate that no owner or occupier of a house can open a new window therein so as to substantially invade his neighbour's privacy. He has further to establish that the plaintiff has enjoyed such customary right of privacy and that there is an infringement or a threat to the infringement of such a right
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Adv. Vedashree A
Bangalore | 500+ Answers
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How far from your house is that new building coming up ? You can enquire the nearby BBMP ward office to see if he has got a plan sanction. if the space he has left is less than required by Rules, then you can take legal action against him.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Dear Sir, madam
I regret for you facing the problem by your nihbour it's case is dispute in civil case nature intialy you have to file one compliant before the corporation I thought that you have not made however now you may file petition before civil court to getting to injunction against by him first proceed for that.
I regret for you facing the problem by your nihbour it's case is dispute in civil case nature intialy you have to file one compliant before the corporation I thought that you have not made however now you may file petition before civil court to getting to injunction against by him first proceed for that.
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Adv. Nataraja KS
Shimoga | 200+ Answers
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