My neighbour interfering in my house and terrace. I have been living in kalkaji DDA flats for 25 years with my mother who passed away in April 2021. During her life newly shifted my neighbour puts angels at my both balcony and terrace to grab my space. I confronted them but they couldn't uninstall. Then I make a boundary for all places to stop their unauthorised construction in my absence. Now dec 2022 when mcd election model code of conduct applicable they start unauthorised construction over terrace where I'm affected allottee.
They tell lies to me that moisture in their rooms is just fixed by the wall but they constructed rooms on a very high terrace without my permission and authority. They removed a common water pipe without notifying me which caused moisture in my rooms and bathroom. During the period my health worsened and they took advantage.
I warn them that I will file a complaint against this unauthorised construction and lie things. They Entered my terrace without my permission then they said everybody did nowadays so we will do it. Do whatever you can do. We already have support of local police as well mcd. They house are freehold. So, as I recovered I filed a complaint against them online to delhi police mcd n CM but no actions taken yet.
They come to my terrace anytime to install their pipe without my consent and construct all rooms on dda without my consent now.where I should file a complaint so that action should be taken against this dadagiri.
Asked from: Delhi
Neighbour interfering in my house and terrace: You should file a civil suit and a criminal case against them. They are not willing to obey the laws hence, it became mandatory to initiate a proper legal action against them.
Bond for taking peace
First of all you should file a complaint (non cognisable report) NCR to the nearest police station. There is likely to be a breach of peace and tranquillity because your neighbour is illegally interfering in your house and terrace.
Therefore, the police may initiate proceedings for taking a bond from them under Section 107 of the code of criminal procedure. The magistrate upon receiving a report from the police station may issue a summons to your neighbour.
If you successfully prove that they have been interfering in your property and causing damages then the Magistrate shall direct them to furnish a bond for keeping peace for one year from the date of order.
Permanent injunction and damages
Your neighbour is interfering in your house and terrace without permission. In this situation you can also file a civil suit for temporary and permanent injunction. The court by temporary injunction instantly stop them to interfere in your property. Your neighbours have no right to use your terrace and boundary without your permission.
Moreover, they are also legally liable to compensate for the damages they have been causing in your house. Hence, you should file a civil suit and also claim damages from them. The court through decree of permanent injunction restricts them from interfering in the house.
Also read: What to do if neighbour obstructs in construction despite the owner have necessary permissions?
