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Injunction against unnecessary disturbance causing by neighbour

Shivendra Pratap Singh

Advocate

07/04/2017/ 6:05:46 PM

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Our neighbour is harassing us because he is saying 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. But nothing has happened. 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.

Your neighbour has been causing the breach of peach by blocking the access of the main road and interfering in construction of boundary wall. First of all, you should stop such interference. Therefore, you should report this incident to the officer-in-charge of the nearest police station. That police officer will send a report to the executive magistrate for seeking an order under section 145 of the code of criminal procedure.

Section 145 CrPC is a preventive measure and its primary object is to prevent a breach of peach by issuing temporary order in respect of a dispute regarding the property. So the magistrate may issue a notice to your neighbour and prevent him to interfere in construction of boundary wall. Since order passed under section 145 is temporary because magistrate cannot adjudicate the civil dispute so, you have to file a civil suit.

You should file a civil suit for a mandatory injunction to prevent him finally from interference in enjoyment of the property. Being the owner of the property you have an absolute right to make any lawful construction in the property. The absolute owner possesses the right to construct, destructor transfer the property without permission or interference of any person.

They cannot preclude you from the construction of building on the ground that it is illegal and against the bye-laws of the municipality. In Fatima v. Village Panchayat of Merces, 2000 SCC OnLine Bom 475; it is held by the Bombay High Court that a person has no locus standi (right) to prevent the neighbours to construct any part of their building on the ground that construction is illegal.

If any illegal construction is being done then municipality suo motu initiate 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.

Your neighbour has been committing a breach of peace therefore you should move an application to the nearest police officer and file a civil suit for a mandatory injunction for the ultimate settlement of the dispute.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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