Mr. Alok Verma recently moved into a new apartment in the city of Anandpur. He soon discovered a significant problem concerning the adjacent property, a large commercial hostel named “Naman Stay Inn.” The hostel’s bathroom is situated directly opposite the window of Mr. Verma’s main living area. Instead of a proper, permanent wall, the hostel has used a mere wooden sheet as a partition.

This substandard construction has led to an unbearable living situation for Mr. Verma and his family. All the sounds and unpleasant smells from the bathroom directly enter their home. The apartment already has limited ventilation and natural light, and this particular window is the primary source for both. Consequently, the family is faced with a daily dilemma: either open the window and endure the constant nuisance or close it and live in a dark, stuffy environment. The hostel is a substantial, multi-story building, and it is evident that the management is not lacking financial resources to construct a proper wall, but has simply neglected their responsibility, causing severe inconvenience to their neighbors.

Advice in such cases

• Attempt an amicable resolution first. Formally communicate your grievance to the owner or manager of the hostel, preferably in writing, so you have a record.
• File a formal complaint with your local Municipal Corporation or Development Authority, citing illegal construction, violation of building bylaws, and public nuisance.
• If the nuisance is severe and affects public peace, you can file a complaint with the local police.
• Send a formal legal notice through a lawyer demanding that they cease the nuisance and undertake proper construction.
• If the above steps fail, you can file a civil suit in court seeking a permanent injunction to stop the nuisance and for damages for the harassment caused.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 290 of the BNS penalizes the act of public nuisance. Any act that causes common injury, danger, or annoyance to the public or people in the vicinity can fall under this category.
• Local Municipal Corporation Acts: Every state has its own municipal laws and building codes (e.g., the Delhi Municipal Corporation Act, 1957). These laws regulate construction standards, sanitation, and ventilation. The use of a wooden sheet instead of a proper wall for a bathroom is a clear violation of these bylaws.
• The Law of Torts: This case is a classic example of a “private nuisance,” which is an unreasonable, unlawful, or unwarranted interference with a person’s use or enjoyment of their land or property. You can file a civil suit for an injunction and damages under tort law.
• Code of Civil Procedure, 1908: This governs the procedure for filing a civil suit. Order 39 of the CPC allows the court to grant a temporary injunction to provide immediate relief while the case is being decided.

If you are the complainant

• Document everything meticulously. Take clear photographs and videos of the wooden partition and the conditions it creates.
• Maintain a detailed log or diary, noting the dates and times when the nuisance (smell, sound) is most severe.
• Keep copies of all written communications with the hostel management and any complaints filed with authorities.
• Speak to other neighbors who might be affected. Their testimony can strengthen your case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Your primary focus should be on restoring peace and hygiene in your home. Do not resort to arguments or confrontations with the other party.
• Keep a record of how this situation is impacting your family’s health and well-being, both physical and mental.
• Follow the legal channels advised to ensure a permanent and lawful solution.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In such matters, the police often consider the issue to be of a civil nature. They may initially advise you to approach the Municipal Corporation or file a civil case. However, they are empowered to take action if the nuisance is significant. They might register a Non-Cognizable Report (NCR) based on your complaint under Section 290 of the BNS and may call both parties to the station to mediate and resolve the issue amicably. If the issue persists, they will guide you to pursue the matter in court.

FAQs people normally have

What evidence is required?

The most crucial evidence includes:

• Photographic and video evidence of the improper construction.
• A written log detailing the instances of nuisance.
• Copies of complaints sent to the property owner and filed with the Municipal Corporation/police.
• Witness statements from other affected residents, if any.
• If possible, a report from a certified architect or building inspector confirming the violation of building codes.

How long will the investigation take?

The timeline varies depending on the path you take. A complaint to the Municipal Corporation may result in an inspection and notice being issued within a few weeks to a couple of months. A police complaint is usually addressed quickly, often within days, though it may only lead to a warning or mediation. A civil suit for an injunction is a more lengthy process; while temporary relief can be sought within a few months, a final judgment can take much longer.

Advocate Sudhir Rao, Supreme Court of India