If you are stuck in such a situation, here is what to do.

My name is Rohan, and I reside in the city of Nagpur. For nearly a month, the property next to ours, owned by a Mr. Verma, has been undergoing demolition. The process has generated immense noise and dust, making our lives difficult. We endured the constant vibrations and disturbances without complaint, valuing our peace with the neighbor. However, the situation escalated dramatically this morning when their demolition machinery accidentally broke through and severely damaged a wall of our house. Mr. Verma has acknowledged the incident and offered to have the wall repaired. My father, wanting to avoid conflict, is inclined to accept this offer. However, my siblings and I are concerned. We believe a quick plaster job is insufficient, as we are unaware of the extent of the internal structural damage this impact may have caused. We have asked them to halt any repair work for now. Filing a police complaint seems daunting, and we are unsure of the correct legal path to ensure our property is properly restored and safe. We do not currently have legal representation.

Advice in such cases

Navigating such a dispute requires a calm and methodical approach to protect your rights and property.

• Document Everything Immediately: The first step is to create a thorough record of the damage. Take clear photographs and videos from multiple angles, showing both the specific damage and its context in relation to the neighbor’s demolition site. Note the date and time of the incident.
• Get a Professional Assessment: Do not rely on the neighbor’s assessment or their chosen contractor. Hire an independent and qualified civil engineer or a structural architect to inspect the damage. They can provide a detailed report on the extent of the damage, including any non-visible structural issues, and give an official estimate for the required repairs. This report will be crucial evidence.
• Communicate in Writing: While initial conversations may be verbal, follow up with written communication. Send a formal letter or email to your neighbor detailing the incident, the damage caused, and your intention to have it professionally assessed before any repairs are undertaken. This creates a paper trail.
• Do Not Permit Hasty Repairs: Politely but firmly refuse any attempts by the neighbor to conduct immediate, superficial repairs. Explain that you need to have the damage professionally evaluated to ensure the long-term safety and integrity of your home.
• 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

In such cases, both criminal and civil remedies can be pursued. The applicable laws are primarily under the new Bharatiya Nyaya Sanhita (BNS) and civil law.

• Section 325 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with ‘Mischief’. It applies when a person causes the destruction of any property or any such change in any property that diminishes its value or utility, with the intent to cause wrongful loss or knowing that they are likely to cause it. While proving intent can be difficult, causing damage through gross negligence during demolition can fall under this purview.
• Civil Suit for Damages: The most effective remedy is often a civil suit filed in the appropriate court. This is based on the principle of torts, specifically negligence. You can claim compensation for the cost of repairs, the cost of the structural assessment, any alternative accommodation costs if your house becomes uninhabitable, and for the mental anguish and harassment caused.

If you are the complainant

As the person whose property has been damaged, you are the complainant. Your goal is to ensure you are fully and fairly compensated for your loss.

• Gather Your Evidence: Collect all photographs, videos, the independent structural engineer’s report, and copies of any written communication with your neighbor.
• Send a Legal Notice: Through a lawyer, send a formal legal notice to the neighbor. This notice will detail the incident, the damage, the estimated cost of repairs based on your expert’s report, and a specific timeframe within which they must pay the compensation. This is often the first step before filing a court case.
• File a Police Complaint: You can file a complaint at the local police station under Section 325 of the BNS. While the police may initially be hesitant and term it a ‘civil matter’, lodging a complaint creates an official record of the incident.
• Initiate a Civil Suit: If the neighbor does not comply with the legal notice, your lawyer can file a civil suit for recovery of damages in the appropriate civil court.
• 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

As the victim of property damage, your immediate priorities are safety and securing your claim.

• Prioritize Safety: First, ensure that the damaged area is safe and does not pose a risk to your family. If the structural integrity is in doubt, it may be best to avoid that part of the house until it has been assessed by an expert.
• Preserve the Scene: Do not alter or repair the damage yourself. Preserve the scene as it is until you have thoroughly documented it and had it inspected by a professional. This is your primary evidence.
• Seek Expert Opinion: Your main goal is to understand the true extent of the damage. The report from a civil engineer is your most powerful tool.
• 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

Police response in property damage cases, especially between neighbors, can be mixed. Often, the police view these as ‘civil disputes’ rather than criminal acts. They may be reluctant to file a First Information Report (FIR) and might instead register a Non-Cognizable Report (NCR), advising both parties to settle the matter amicably or approach a civil court. However, persisting and presenting clear evidence of negligence can sometimes lead them to register an FIR under the relevant sections of the BNS. An FIR can put pressure on the other party to settle the matter quickly.

FAQs people normally have

Can I force my neighbor to pay for the repairs as per my chosen contractor?
You cannot force them directly, but you can sue them in a civil court for the amount of money required for proper repairs, as determined by an expert assessment. The court, upon finding the neighbor liable, will order them to pay you the compensation, which you can then use to hire a contractor of your choice.

Is a police complaint really useful if it’s a civil matter?
Yes. A police complaint serves as an official, time-stamped record of the event. It can be used as evidence in your civil case and can sometimes motivate the negligent party to offer a fair settlement to avoid potential criminal proceedings.

What if my neighbor simply denies responsibility or ignores me?
If your neighbor ignores your attempts at communication, the next step is to send a formal legal notice through a lawyer. If there is no response to the legal notice, your only recourse is to file a civil suit for damages in court.

What evidence is required?

To build a strong case, you will need comprehensive evidence, including:

• High-quality photographs and videos of the damaged wall and property.
• The detailed assessment report from a certified civil engineer or architect, outlining the extent of the damage and the estimated cost of repairs.
• Copies of all written correspondence with the neighbor (letters, emails, etc.).
• A copy of the legal notice sent to the neighbor and the postal receipts.
• A copy of the police complaint (NCR or FIR) if one was filed.
• Statements from any witnesses who saw the incident occur.

How long will the investigation take?

The timeline can vary significantly. If a settlement is reached after a legal notice, the matter could be resolved within a few weeks. A police investigation, if an FIR is filed, may take a few months, as per the timelines in the Bharatiya Nagarik Suraksha Sanhita (BNSS). However, a contested civil suit for damages can be a lengthy process and may take anywhere from several months to a few years to be decided by the court, depending on the court’s workload and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India