Neighbours can contest illegal construction: HC

The court’s remarks came while deciding a petition filed by one Nazir Hussain against an order of a trial court.

Hussain had filed a civil suit against his neighbour Neeta Goyal for allegedly indulging in unauthorised constructions at the property adjoining his Pahari Dheeraj home in the Walled City.

Hussain had later moved an application before the trial court requesting a change in the property number. The plea was dismissed as the trial court held that the permission would tantamount to changing the subject matter of the case.

In the High Court,Goyal alleged that Hussain had no locus standi to file the petition and that he,under the garb of getting the property number changed,sought to convert individual matter into a public interest litigation.

Hussain,however,said a perusal of the site plan would show that he simply wanted a change in the property identification number and it could have no other impact on the case.

The High Court concurred with Hussain’s arguments. It also observed that such constructions not only contravened municipal laws but also came in way of the neighbours’ right to enjoy their properties.

“This is the right of every citizen to see that building bye-laws and other laws are followed. Unauthorised construction creates civic problems for the entire neighbourhood and affects material rights of the neighbours. Neighbours have a right to approach the court against unauthorised construction,” Justice Dhingra held.

The significance of the ruling lies in the fact that it can put an end to forum-hunting a person is left to do after he witnesses the violations but does not know where to go for redressal of his grievances. The order also dispels the confusion whether such a petitioner would have the legal right to contest a case.

The court later allowed Hussain’s plea saying he had a right to contest the case and rectify the plaint if the property number was inadvertently or due to lack of knowledge not correctly stated.