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Sreenidhi A (Student)     21 January 2021

Injunction?

Hello, I require some assistance. Me and my family decided to go on vacation for 2 weeks, after which we were back home to notice that our neighbours were constructing something on their existing terrace. When we asked them about it, they mentioned they were going to be building 2 more floors above their house. Normally this would have been fine, but in this situation the construction will obstruct the sunlight to our house. It is a naturally dull lit place, but with the construction it will bring in no sunlight at all. We tried to reason with them but they were adamant to finish the building. How can I stop this construction? Can I apply for an injunction or restraining order? Whom do we have to approach? Please do advice us, thank you.


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 2 Replies

G.L.N. Prasad (Retired employee.)     22 January 2021

Once the construction permission is granted with plan approval, there is nothing you can do unless there are violations.   File RTI Application and seek certified copies of such permissions/approvals with a copy of blueprints and in case of deviations/violations report to the local authorities, and if no action is taken by them, contact a local advocate for getting such injunction.

Siddharth Dash   22 January 2021

if the opposite side does not have a permit for construction you can seek restraining order from the executive magistrate under section 144 cr.p.c. and then obtain an injunction from civil court However if they have all permits You can also file a a lawsuit under tort law for thier tortious interference but it will take time and money and may not go in your favour

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