Home | Legal Advice | Property Law | My neighbour has stopped my construction work: what should I do?

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

Shivendra Pratap Singh

Advocate

14/01/2022

Reading Time:

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

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

More For you

Sale deed time out

Question: We had sold our land to a company back in 2018. He kept delaying registration but he paid us in instalments. We have around 70% of the total amount but we haven't been in touch for the last 2 years. We have filled our presence in tehsil on the last decided...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54