Damage to compound by neighbour
gurunathba
(Querist) 27 March 2015
This query is : Resolved
hello sir,
my name is GB alagwadi, i am from hubli in karnataka. one of my neighbour after constructing his house raised surrounding ground level upto 4 feet by putting waste soil on his side of the plot without consturcting any compound on my compound side and later a toilet was built on that raised bed without leaving any space between my compound and his toilet and after that he started gardening by leaving 2 feet space next to my compound on that raised bed.
now the problem is he is doing this intentionally (he built compound on three sides except next to my compound) saying that he has "right" on his side of the wall . my fear is by putting waste soil next to my compound made it weak and now toilet and pouring water to plants weakened it furether and within 1 or 2 monsoon rain my compound will fall.
when he didnt listened to me i called police (unfortunately he was not at home, his daughter was there and told she will tell him) but he still not stopped pouring water but the question is can he have the right to damage my compound which is built on my area ? .if it is common wall he didnt gave any money for me whole compound was built by me only and neither took any permission from me.
so what is the legal solution for this person ? which ipc and sections can be put on him and i want him to pay the damage which he did to my compound and all the emotional torture all these days. any option to remove his toilet to be removed and stop his garden ?
please suggest.
Devajyoti Barman
(Expert) 27 March 2015
File a suit for mandatory injunction against your neighbour.
Rajendra K Goyal
(Expert) 27 March 2015
If no amicable solution possible, file suit for mandatory injunction.
ajay sethi
(Expert) 27 March 2015
contact a local lawyer . has neighbour got plans sanctioned for construction of toilet
gurunathba
(Querist) 29 March 2015
Thank you all. thanks for ur suggestions.
T. Kalaiselvan, Advocate
(Expert) 30 March 2015
Yes, if you have a justified reasons to believe that your neighbor's action would damage your property, you may file a suit for mandatory injunction restraining your neighbor form going ahead with his activities as well as to remove the obstacles which damage your property.
gurunathba
(Querist) 02 April 2015
thank you T. Kalaiselvan, sir, this is the kind of answer i wanted actually means i was in confused state if i file suit and what if he bounce back but after ur answer it is confirmed. he actually damaged whole compound wall. once again thanks.
