Neighbour is harassing by stopping the construction with the help of municipal officers. My sister & brother in law bought a land parcel in Jammu. Once the construction reached a stage, the neighbours started objecting. My brother in law adhered to their request. However, there was no looking back and the neighbours brought a notice stopping the construction (violation) from the Municipality. It’s been three years and they are just going back and forth to the Municipality office with no concrete result. Neighbours have continuous support of an ex Commissioner of Municipality. Please advise the best way to resolve this harassment.
Asked from: Jammu & Kashmir
Unreasonable delays in deciding the validity of your construction work constitute a violation of your fundamental rights. Prima facie, the conduct of municipal officers appears to be unjust and unfair. Before taking any legal action against them, you should first determine whether the municipality has served you with any notice regarding the illegality of the construction or if a complaint has been filed by your neighbor.
A delay of three years in deciding the validity of construction is excessively long. Municipal officers cannot stall a dispute for such an extended period. They are obligated to make a final decision on your construction—either declaring it legal or illegal—and pass an order without unreasonable delay.
In this situation, you should file a writ petition seeking a writ of mandamus against the concerned municipal officer, directing them to make a final decision within a fixed time frame. The municipality cannot remain idle indefinitely and avoid taking action on your matter. In such cases, the High Court has the power, under Article 226 of the Constitution of India, to issue a writ of mandamus, compelling the municipal officer to decide the matter within a specified period.
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