Question:
Our house is a 1-floor building, while a 6-floor construction is going on next door without Rajuk’s permission, as Rajuk does not approve construction of a 6-floor house on a 4-feet road. The construction is causing a lot of dust, sand, bricks, and cement to spill into our property, resulting in leaks in our house. This has been causing problems for our tenants as well. The owner of the construction is a local resident and doesn’t care when we address the issue. What legal steps can we take to resolve this?
Answer:
Given that the construction is happening without Rajuk’s approval and is causing damage to your property, you can take the following legal actions:
- Complaint to Rajuk: Since the construction is unauthorized and violates Rajuk’s regulations, you can lodge a formal complaint with Rajuk (the city planning authority) and request them to intervene and stop the illegal construction. Rajuk has the authority to issue a stop work order and take action against violations of construction laws.
- File a Civil Suit for Damages: You can file a civil lawsuit against the neighbor for the damages caused by the construction. In the lawsuit, you can seek compensation for the damage caused to your property, including leaks and the inconvenience caused to your tenants. The neighbor could be held liable for negligence, and you may be entitled to compensation for the damage.
- Injunction Order: You can apply for an injunction in court to stop the construction until the matter is resolved. If the court agrees that the construction is causing harm to your property, it could issue an injunction to prevent further damage.
- Local Authorities Involvement: You can also file a complaint with the local authorities or the municipality, as they may take action against illegal construction activities.