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

Mr. Alok is in the process of constructing the first floor of his house in Alaknanda Nagar, Madhya Pradesh. His property is part of a society developed by ‘Prestige Builders’. His approved building plan includes an opening, either a window or a small balcony secured with a grill, which faces a public street. This opening is entirely within the boundaries of Mr. Alok’s property.

However, his next-door neighbor, Mr. Brijesh, is raising objections to this construction. This is despite the fact that the proposed opening does not directly overlook Mr. Brijesh’s house or private compound but opens onto the public road. Interestingly, Mr. Brijesh himself has a balcony that will face Mr. Alok’s new construction. To add to the complexity, another neighbor, Mr. Chandan, has already constructed a small door that opens towards Mr. Brijesh’s property, seemingly without issue. Mr. Alok is now in a dilemma, seeking to understand the legality of his construction and how to address his neighbor’s objections.

Advice in such cases

• Review the Sanctioned Building Plan and Municipal Bye-Laws: The most critical document is the building plan sanctioned by the local Municipal Corporation. If your construction, including the window or balcony, is in accordance with this plan and the local building bye-laws, your position is legally strong.
• Check for Easementary Rights: The Indian Easements Act, 1882, governs rights like access to light and air. A neighbor can object if your construction illegally obstructs their pre-existing access to light and air. However, an opening facing a public street is unlikely to cause such an infringement.
• Maintain Clear Documentation: Keep all property documents, sanctioned plans, and any communication with the neighbor or municipal authorities well-documented. Take photographs and videos of your construction to prove it is within your property limits.
• 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

Such disputes are primarily governed by civil law rather than criminal law. The key legal provisions include:

• The relevant State Municipal Corporation Act or Development Authority Rules (e.g., Madhya Pradesh Municipal Corporation Act, 1956): These acts and their associated bye-laws regulate building construction, specifying setbacks, floor area ratio (FAR), and the permissibility of openings.
• The Indian Easements Act, 1882: This Act is pertinent if the neighbor claims that the opening infringes upon their right to light, air, or privacy. However, the right to privacy is not absolute and is balanced against a property owner’s right to enjoy their property.
• Code of Civil Procedure, 1908: If the matter escalates to court, the procedures for filing a suit for declaration or injunction are governed by this code.
• Bharatiya Nyaya Sanhita (BNS): Criminal laws like the BNS would only become applicable if the dispute leads to acts of criminal trespass, mischief (damage to property), or criminal intimidation.

If you are the complainant

If you are in Mr. Alok’s position (the one constructing the house):

• Ensure Compliance: Double-check that your construction strictly adheres to the sanctioned plan. Any deviation can weaken your case.
• Gather Your Documents: Compile your property title deed, the approved building plan from the municipal authority, and photographs of the construction.
• Communicate Formally: If verbal discussions fail, consider having a lawyer send a formal letter to the objecting neighbor, clarifying your legal position and asking them to cease any obstruction or harassment.
• Seek Injunction if Necessary: If the neighbor physically obstructs your lawful construction, you can file a civil suit in court seeking an injunction to restrain them from interfering.
• 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

If you are in Mr. Brijesh’s position (the one objecting):

• Verify the Legality: Your first step should be to ascertain if the neighbor’s construction is legal. You can file an application under the Right to Information (RTI) Act with the Municipal Corporation to get a copy of their sanctioned plan.
• Lodge a Municipal Complaint: If you believe the construction is illegal or deviates from the sanctioned plan, file a formal written complaint with the building department of your local Municipal Corporation. They are empowered to inspect the site and order a halt to illegal construction.
• Claim Infringement of Rights: If the new opening directly invades your privacy (e.g., looks into a bathroom or bedroom) or violates an established easementary right, you have grounds to object.
• File a Civil Suit: As a last resort, you can file a suit for an injunction in a civil court to get the construction stopped, but you must have strong evidence of illegality or a direct infringement of your rights.
• 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

The police have a very limited role in such matters as they are civil in nature. They will not intervene to decide the legality of a construction. Their involvement is restricted to maintaining law and order. Police will only act if a complaint is filed regarding:

• A breach of peace or a fight between the neighbors.
• Criminal intimidation, threats, or assault.
• Mischief, such as intentionally damaging the construction material or property.

In most cases, the police will advise both parties to approach the Municipal Corporation or the civil court to resolve the underlying property dispute.

FAQs people normally have

Can my neighbor legally stop my construction if it’s on my property?

Generally, no. If your construction is within your property limits and complies with the building bye-laws and the sanctioned plan, a neighbor cannot legally stop you. Their objections are only valid if your construction infringes upon their legal rights, such as easementary rights or is illegal.

Is my neighbor’s privacy violated if my window faces the street in front of their house?

The right to privacy is not absolute. An opening that faces a public street is generally permissible. The claim for violation of privacy becomes stronger only if the window or balcony directly and intrusively overlooks private areas of the neighbor’s home, like a bedroom or bathroom, from a close distance.

Do I need my neighbor’s consent (NOC) to build a window?

You do not need your neighbor’s consent or a No-Objection Certificate (NOC). You need the approval and sanction of the competent municipal authority. As long as you have that and follow the rules, you are legally compliant.

What evidence is required?

The primary evidence required to prove your case, whether in the Municipal Corporation or in court, includes:

• The registered title deed showing ownership of your property.
• The building plan officially sanctioned by the Municipal Corporation or the relevant planning authority.
• Photographs and video recordings of the property, the ongoing construction, and the location of the disputed opening.
• Any written communication exchanged with the neighbor.
• A copy of the complaint filed with the Municipal Corporation, if any.

How long will the investigation take?

This is not a criminal “investigation.” The timeline depends on the forum you approach.

• Municipal Corporation: A complaint to the municipal authority may take a few weeks to a few months for them to conduct an inspection and take action.
• Civil Court: A civil suit for an injunction can be a lengthy process. While a temporary injunction might be granted quickly (within weeks or months), the final judgment on the suit can take several years to be delivered.

Advocate Sudhir Rao, Supreme Court of India