Builder opening wide windows in my gallery
Nishant Baranwal
(Querist) 10 November 2020
This query is : Resolved
I am from Varanasi, Uttar Pradesh. A builder in my neighborhood is constructing their multi-story building which is conjunction to my boundary wall. They haven't left any margin in their land facing our side and opening wide windows (5X6 feet) facing to my property where we have our gallery. We have made a complaint about it in development authority and work was stopped for a few days. But they have restarted the construction and seems have settled down the complaint.
On top of that, they made a complaint against my house for building without any sanctioned map. Mine is a 35 year old house and most of the houses in our colony do not have a sanctioned map.
Now, after all this we got threatened for making complaints, The multi story building is being built without a sectioned map and no action by the development authority even when it's known to the department. I had raised an online complaint as well on UP grievance redressal portal (jansunwai.com) where the development authority even added a false disposal report that proper action is being taken against the illegal construction.
What can be done from our side to close the windows.
Rajendra K Goyal
(Expert) 10 November 2020
Discuss with local lawyer and move to court for injunction.
kavksatyanarayana
(Expert) 10 November 2020
Yes. You shall consult a local advocate with the material you have and he will guide to proceed further.
Isaac Gabriel
(Expert) 10 November 2020
Get the plan from the corporation under RTI and file writ petition in the high court that freedom of yor right is invaded by the projection of the windows towars you privacy .
P. Venu
(Expert) 11 November 2020
A Writ Petition against the Development Authority, for their actions and omissions appears to be the best option.
Nishant Baranwal
(Querist) 11 November 2020
Thanks for all suggestions and guidance. Just wanted to have a high level idea about how much time and money will it usually takes in such cases if I move to civil court. Is raising the height of boundary wall from my side will be legal?
Advocate Bhartesh goyal
(Expert) 11 November 2020
You should file immediately civil suit for injunction against builder and owner of neighbour and get them restrained from court .Your neighbour/builder can not open doors ,windows and ventilation in joint/party wall towards you between you and neIghbour/builder.
Rajendra K Goyal
(Expert) 11 November 2020
Agree, immediate step need to be initiated in the matter to save your interest.
Dr J C Vashista
(Expert) 12 November 2020
Agree, move to the court for temporary injunction (stay order) through a local prudent counsel.
Time taken and monetray involvement can not be predicted / calculated which depend upon various factors.
