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

Mr. Sameer, a resident of a multi-storey apartment building in the city of Vikaspuri, found himself in a distressing situation. For the past few months, he had been dealing with severe water leakage from his ceiling, a problem that had never occurred in the several years he had lived there. The timing of the leakage coincided with a new construction activity by his upstairs neighbour, Mr. Anand, who resides in the top-floor penthouse. Mr. Anand had recently erected a large gazebo on his private terrace.

The water seepage became so intense that a portion of the false ceiling in Mr. Sameer’s bedroom collapsed, posing a significant risk to his family’s safety and causing substantial property damage. Despite multiple attempts at dialogue, Mr. Anand has been uncooperative. He has flatly refused to acknowledge the problem, provide any financial assistance for the repairs, or even allow an inspection of his terrace to identify the source of the leak. With the monsoon season approaching, Mr. Sameer is worried about further damage and is seeking to understand his legal recourse.

Advice in such cases

Facing such a non-cooperative neighbour can be frustrating. Here are the steps you should consider taking:

• Document Everything: Keep a detailed record of the issue. Take clear photographs and videos of the water leakage, the damaged ceiling, and any other affected areas. Note down the dates and times when the leakage is most severe.
• Formal Communication: Send a formal written complaint to the neighbour via registered post. This creates a legal record of your attempt to resolve the matter amicably.
• Involve the Housing Society/RWA: Lodge a formal complaint with your Resident Welfare Association (RWA) or Cooperative Housing Society. They can mediate and enforce the society’s by-laws, which often prohibit structural changes without prior permission.
• Complaint to Municipal Corporation: Unauthorised constructions are illegal. File a complaint with your local Municipal Corporation against the illegal gazebo. They have the authority to inspect the property and issue orders to demolish the illegal structure.
• Send a Legal Notice: Through a lawyer, send a formal legal notice to the neighbour. This notice will detail the damages, the illegal construction, and the relief sought (compensation and removal of the nuisance). It often prompts the other party to take the matter seriously.
• 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

Several legal provisions can be invoked in such a scenario:

• Law of Torts: A civil suit can be filed based on the principles of Nuisance and Negligence. The continuous water leakage constitutes a private nuisance, and the neighbour’s failure to maintain their property, leading to your loss, is an act of negligence.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If it can be proven that the neighbour knowingly and wrongfully caused damage to your property, a complaint can be filed under Section 320 of the BNS for the offence of ‘Mischief’.
• Municipal Corporation Act: Each state has its own Municipal Corporation Act that lays down rules for building permissions. Any construction without the requisite sanctions is illegal and liable to be demolished.
• Specific Relief Act, 1963: You can file a suit for a permanent and mandatory injunction, asking the court to direct the neighbour to remove the illegal construction and prevent them from causing any further nuisance.

If you are the complainant

As the person filing the complaint, your primary responsibility is to build a strong case.

• Gather Evidence: Your case will depend on the quality of your evidence. Collect photos, videos, correspondence, and reports from professionals like civil engineers or architects who can link the leakage directly to the illegal construction.
• Maintain Records: Keep a file of all documents, including the complaint to the RWA, the legal notice, and any expenses incurred for temporary repairs.
• Be Proactive: Do not wait for the situation to worsen. Initiate the legal process promptly to mitigate your losses.
• 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 suffering from the damage, your immediate actions are crucial.

• Ensure Safety: Your family’s safety is paramount. If the structural integrity of your ceiling is compromised, consider temporarily relocating to a safer area within your home.
• Document Health Issues: Continuous dampness can lead to mould and respiratory problems. If any family member experiences health issues, consult a doctor and keep the medical records as they can be part of your claim for damages.
• Avoid Confrontation: While it is natural to feel angry, avoid aggressive confrontations with your neighbour. Let all communication be formal and preferably through your lawyer.
• 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 often view such matters as civil disputes and may be reluctant to register a First Information Report (FIR). They might suggest that the parties approach the civil court for resolution. However, if you present strong evidence of intentional damage, they may register a complaint under Section 320 of the BNS (Mischief). Their primary role might be limited to preventing any escalation of conflict between the neighbours rather than resolving the underlying construction issue.

FAQs people normally have

Can I repair the damages myself and ask the neighbour to reimburse the cost?
Yes, you can undertake the necessary repairs to prevent further damage and then claim the costs from your neighbour as part of your civil suit for damages. Ensure you keep all the bills and receipts for the repair work.

What if the neighbour sells the flat and moves away?
Your legal right is against the owner of the property at the time the damage occurred. If they sell the flat, you can still pursue the legal case against them for the damages you suffered. The liability for the illegal construction may also pass on to the new owner.

Is a civil suit the only option?
A civil suit for injunction and damages is the most effective remedy. However, you can also explore approaching the Consumer Court if the issue stems from a defect in the original construction by the builder, or the RERA authority if applicable.

What evidence is required?

To build a strong case, you will need:

• Photographic and video evidence of the leakage and damages over time.
• Proof of the unauthorized construction (photos, society letters, etc.).
• A report from a certified architect or civil engineer establishing the cause of the leakage.
• Copies of all written communication with the neighbour, RWA, and Municipal Corporation.
• Copy of the legal notice sent to the neighbour.
• Bills and receipts for any repairs you have undertaken.

How long will the investigation take?

This depends on the legal path you choose. A complaint to the Municipal Corporation may lead to an inspection and notice within a few weeks. A police investigation, if initiated, is generally time-bound under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). However, a civil suit is a more lengthy process. While the final judgment can take a considerable amount of time, you can seek immediate relief through an application for a temporary injunction, which the court can grant within a few hearings to prevent further damage while the case is pending.

Advocate Sudhir Rao, Supreme Court of India