Response

If the construction carried out by your neighbour is illegal, you can approach the concerned Local Self Government Institution (Municipality/Panchayat/Corporation) by submitting a representation highlighting the illegalities committed by him and request the authority to stop the illegal construction carried out by your neighbour by issuing a stop memo and also to demolish the illegal construction. After submitting the said request, you can approach the High Court by filing writ petition with a prayer to direct the LSGD concerned to take action against the illegal construction and to demolish the same.Illegal construction can be prevented by filing a complaint before the local body which has given building permit. You must show the violations in building rules in the construction and can seek stoppage of construction. The authority will inspect the premises and is empowered to take action including direction to remove the illegal construction. Writ petitions seeking mandamus directing the local authority to take action in your complaint can also be filed.So you should file a complaint before the sub-divisional magistrate under section 145 of the Code of Criminal Procedure (CrPC). The alleged construction has a tendency to cause a breach of peace.

Section 145 crpc empowers the executive magistrate to take immediate necessary action for prevention of any breach of peace. The illegal construction will cause a breach of peace. The Magistrate has the power to stop the construction work as well as take a bond from your neighbour under section 107 CrPC for keeping the peace for one year.

Reference: section 145 of the Code of Criminal Procedure (CrPC)

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LAWAYZ-2023-409