My neighbour has stopped my construction work: what should I do? 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?
If you have obtained the necessary permission from the appropriate authority, your neighbor has no right to impede your construction work. Any attempt to do so is illegal and may lead to a breach of peace. In such a case, Section 145 of the Code of Criminal Procedure (CrPC) provides a quick remedy.
To take legal action when your neighbor stops your construction work, you should file an application with the nearest executive magistrate, informing them of your neighbor’s illegal activity. If this is not possible, you can inform the nearest police station.
In the latter case, the station house officer will visit your premises and can take two actions to prevent further disturbance. Firstly, they can send a report to the executive magistrate to take action under Section 145 of the CrPC. Secondly, they can ask your neighbor to furnish a bond under Section 151 of the CrPC.
In either case, your neighbor will not be able to object to the plastering work on your fences. As you have the necessary permission from a competent authority to fence your premises, no one can legally oppose or intervene to stop your construction work.
Sections 145 and 151 of the Code of Criminal Procedure serve as preventive measures to maintain peace and tranquillity by preventing individuals from engaging in illegal activities. This is a summary procedure, and the relevant authority will act swiftly to address the situation in their jurisdiction. You can choose either of the procedures mentioned above to take legal action against your neighbor.
