Injunction against unnecessary disturbance causing by neighbour

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Question asked on: 07/04/2017

Our neighbour is causing an unnecessary disturbance by claiming that we have built an illegal construction and have blocked his way. Whereas, in reality, he has extended his house wall towards the road thereby blocked the access of the main road.

Thereupon my dad filed a complaint in Panchayat. However, nothing happens. Now when we have been building a boundary wall, then he is harassing us. Don’t understand what to do. Please help me with your suggestion.

Advised by: Shivendra Pratap Singh,

Your neighbour is causing a nuisance. By making an unnecessary disturbance, he is also breaching the peace. He has blocked the access of the main road and at the same time illegally interfering in the construction of neighbour’s boundary wall.

First of all, you should file an application before the sub-divisional magistrate under section 133 and 145 of the code of criminal procedure (crpc). Section 133 empowers the Magistrate to maintain peace by removing illegal construction or nuisance from the public place.

He has invaded the public road. Therefore, Magistrate is empowered to issue him notice and direct to demolish the illegal construction.

You are the owner of the property; hence, have an absolute right to make lawful construction without the interference of others. If anyone is causing unnecessary interference, he shall be prevented by the Magistrate under section 145 of the crpc. He is illegally interfering in the construction of your boundary wall thereby causing the breach of peace.

You can also report the incident to the officer-in-charge of the nearest police station. That police officer will send a report, along with full particulars of the event, to the executive magistrate for taking action under section 133 & 145 of the code of criminal procedure.

Section 145 CrPC is a preventive measure, and its primary object is to prevent the breach of peach by issuing temporary order in respect of dispute regarding the property.

The order passed under section 145 is temporary. If your neighbour is again creating hurdles or interfering in the matter, then you have to file a civil suit for the mandatory injunction.

For the instant relief, you should file a complaint before the sub-divisional Magistrate or report the matter to the nearest police for taking action under section 133 & 145 of the crpc.

In Fatima v. Village Panchayat of Merces, 2000 SCC OnLine Bom 475; the Bombay High Court holds that a person has no locus-standi (right) to prevent the neighbours to construct or reconstruct any part of their building on the ground of illegal construction.

He has to inform the municipality or other concerned authority about the illegal construction if any such kind of structure is being done then municipality suo motuinitiate legal proceeding against the person.

Since you have valid permission to construct a boundary wall, so no one has locus to stop the construction either by hook or crook.

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Shivendra Pratap Singh

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