Neighbor creating problem on my building construction

725 votes

can file suit for declaration and mandatory injunction.
In the same suit you can claim for damages as well.
Do not go for damaging his property as that will be extra -judicial measure which is a punishable offence.
In the suit as advised above apply for temporary injunction also so he can not continue to use the same during the subsistence of the suit.
File criminal case u/s 430 of IPC on this.

Advocate Vedashree A LawRato

747 votes

Dear Client,

This is with regard to your query posted on LawRato.com regarding deviations in the constructed hostel (exceeding 10%) and a complaint filed by your neighbour before Bruhat Bengaluru Mahanagara Palika (“BBMP”) and Lok Ayukta. I understand from the query that a sanction plan for the hostel had been duly procured by you from BBMP.

I have assumed for the purpose of my response that the deviations relate to internal deviations and internal structure and there is no substantial deviations in FAR, setback area and the height of the hostel etc.

My initial response to your query is as below:


Response: At the outset it is pertinent to note that in case of internal deviations, unless it is detrimental to the interest of neighbours, then, typically, an authority does not interfere with the internal structure, however, it may subject to compounding with certain penalties. In terms of Section 321(3) of the Karnataka Municipal Corporation Act, 1976 (“KMCA”), you may submit a response to the authority of BBMP (generally it is commissioner), before whom the complaint has been filed, that such structure is not detrimental to the interest of the neighbours and you may request for condonation and compounding. If you are not satisfied with the order of the authority, you may approach to the Karnataka Appellate Tribunal under Section 443A of the KMCA.


Kindly note that in terms of Section 9 (5)(c) of The Karnataka Lokayukta Act, 1984 (the “KLA”) a Lokayukta may reject any complaint if such complainant has other remedies available under the laws; further it is pertinent to note that under Section 8 (1) (b) of the KLA a Lokayukta is prohibited from investigating any grievance in respect of any matter if a complainant has any remedy available before any authority and has not availed the same. Since, your neighbour has already filed a complaint before BBMP, hence, you may file an application before Lokayukta requesting to reject the complaint of your neighbour since the matter is under consideration of BBMP. For ease of reference, the relevant sections of KLA have been reproduced as follow:

“S8. Matters not subject to investigation:-

(1)(b) if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, Court officer or other authority and has not availed of the same.

9. Provisions relating to complaints and investigation:-
(5) The Lokayukta or the Upalokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if in his opinion,-
…….
(c) Other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail such remedies.”

Trust the above clarifies your queries.


Best regards,
Sangeet

Advocate Sangeet Sindan LawRato