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My neighbour has stopped my construction work: what should I do?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

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Question: My neighbour has stopped my construction work: what should I do?

Facts: My neighbour has stopped my construction work. I have fenced my boundary wall (approved by Nagar Nigam ) with an iron grill. My neighbour objects to this and is not allowed to get plaster in this area. Please advise me. What can I do against my neighbour, who has stopped my work?

Question from: Chhattisgarh

Advise: You have appropriate permission from the competent authority. In this scenario your neighbour has no right to stop the construction work. The act of your neighbour is illegal and it may cause a breach of peace. Section 145 of the code of criminal procedure (crpc) provides a swift remedy to counter such an illegal action. 

Legal action when neighbour has stopped the construction work

Therefore, you should move an application to the nearest executive magistrate and inform him about the illegal activity of your  neighbour. If it is not possible to move such an application to the magistrate then you can inform the nearest police station about the incident. 

In the later situation, the station house officer will visit your place. He has two options to prevent such a disturbance. Firstly, he can send a report to the executive magistrate to take action under section 145 crpc. Secondly, he can ask from your neighbour to furnish a bond under Section 151 crpc

In both situations, your neighbour will not object in carrying on the plaster work of your fences. You have the permission from a competent authority to fence your premises. Therefore, no one can oppose or intervene and stop the construction work. 

Read also: Injunction against unnecessary disturbance causing by neighbour

Section 145 and 151 of the code of criminal procedure are preventive measures. It prevents the person from doing any illegal act thereby maintaining peace and tranquillity. 

This is a summary procedure and the concerned authority will act swiftly to tackle the untoward situation in his territorial jurisdiction. So, you can choose any one of the above mentioned procedures and stop your neighbour from undue interference in your property rights.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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