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My neighbour is using my boundary wall illegally

Shivendra Pratap Singh

Advocate

20/09/2020

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My neighbour is using my boundary wall illegally and she has installed some fixtures therein. The boundary wall of my ground floor flat lies within the perimeter of my house and constructed by the company. The neighbour’s flat has been made by another company, later and without a separate boundary wall. (The flats are three stories high and about 16 years old).

I shifted into my flat 6 years ago before which, I had tenants. My neighbours have used my wall as a common wall ( which, it is not and they are aware), by fixing grills, metal gate, stormwater pipes, wires etc. the backside of their house is covered by a sheet which is fixed on my boundary wall and even my bathroom wall. They have lined up pots along the wall resulting in water damage and loosening of tiles I got fixed on my side.

The lady of the house is very loud, abusive, and has called the police about her l&ll floor tenants, though she is clearly in the wrong. Most people avoid her.

I am the widow of an Air Force officer and live with my aged mother. I am getting the wall plastered from their side to prevent further damage. How can I get all the fixtures they have put on my wall removed, without confrontation? I have mailed the SHO but have got no reply. Can I complain in the women’s cell?

Question from: Haryana

She has no right to use your wall for fixing water pipes or other purposes. This is an illegal construction because in the approved map (site plan) she has definitely shown a separate wall. The development authority cannot approve a map without a separate wall or outer boundary of the house. Hence, she has to construct her own boundary wall as per the approved site plan. Your neighbour is using your boundary wall illegaly.

Therefore, you should file a complaint before the chairman of the development authority that your neighbour has not constructed her house as per the approved the site plan. The development authority will take a survey of her house and they will either direct her to erect a separate wall or demolish the whole construction. 

File a mandamus writ

If development authority does not take any action on your complaint then you should prefer a writ before the High Court under article 226 of the constitution of India for issue a mandamus writ. 

The high court will direct the chairman of the development authority to take action on your complaint within a stipulated time period like three or four months. Thereupon, the development authority will dispose of your complaint expeditiously otherwise they will commit contempt of the court.

Complaint against nuisance

Your neighbour is causing a nuisance by running water pipes and hanging flower pots on your wall. If you do not raise your objection today against the fixing of running water pipes in your wall then she can claim easementry right thereon. Afterwards, you cannot alter your own wall which may damage or obstruct her water pipes. So, you should take immediate action against such illegal construction.

In this situation, you should file a complaint before the district magistrate or sub-divisional magistrate under section 133 of the code of criminal procedure. This is the swift and easier procedure against the nuisance. You can also file a civil suit for removal of those fixtures and compensation thereof. 

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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