Today’s Times of India gives you no excuse now to ignore illegal encroachments in your neighborhood!

Go ahead and lodge a complaint boldly….

Illegal bldg. works: Neighbors can join suit, says HC

Shibu Thomas TNN 6/1/2012 

Mumbai: Your neighbour can have a say if you put up an illegal construction. The Bombay High Court has allowed a city resident to intervene in a case filed by her neighbour in connection with the illegal construction put up by him. This order is important in a city like Mumbai where thousands of encroachments and illegal building activities go unchecked. 
    Fifty-two-year-old Falaknoor Lakdawalla, a resident of south Mumbai, claimed that the alleged illegal additions made by Aijaz Shaikh (34), who stays in a neigbouring building, was affecting her privacy and blocking light and ventilation. 

    “Falaknoor can be said to be a person vitally interested in the subject matter of the case,” said Justice R M Savant, while dismissing Shaikh’s 
application challenging a civil court’s order allowing Falaknoor to become a party in the suit. “This is not a case where a total stranger or third party is seeking to intermeddle in a suit with ulterior motives. Falaknoor, in the capacity of a neighbour, would be entitled to bring to the notice of the court the violation of municipal laws, or the development control regulations (DCR), which has the effect of affecting her rights.” 
    Referring to the rampant violations of civic laws in the city, the judge said that the courts could take a more liberal view. “As times are changing, especially when there is a growing tendency discernible as regards violation of the DCR and municipal laws, a liberal approach in the matter as to who can be a party to the suit needs be taken so that the case is adjudicated in a proper and fair manner,” said Justice Savant. He, however, added that courts should exercise their discretion in such matters “as there may be cases where for mala fide reasons or to settle personal scores, a party might want to intermeddle in a particular suit by filing an application”. The court, however, said that as a general rule not all persons lodging complaints about illegal structures can be made parties in such litigations. 

WATCHDOGS GET LEGAL BITE 
For a citizen, usually the only way to object to an illegal construction is either to complain to the civic authorities or file a writ petition or a PIL in the HC 
Courts, in many judgments, have rejected applications by people seeking to intervene in suits concerning demolition saying they are not a “necessary party” 
With the Bombay HC now urging a more “liberal approach” on who can be a party, it would be up to the persons who complain about illegal constructions to prove that their “rights” are affected 
The HC, however, has asked courts to exercise discretion so that busybodies with an axe to grind are not made parties to the case 

HC: Other tenants’ rights hit 
Mumbai: The Bombay HC has allowed a neighbour to become a party in a case filed by her neighbour, accused of putting up an illegal construction. 
    Falaknoor Lakdawalla and Aijaz Shaikh stayed on the third floor of two buildings on Masjid Street, separated by a narrow gully. Falaknoor said Aijaz turned the attic in his building into a room by encroaching on the open space. Due to that, the privacy and safety of other tenants of her building and herself were compromised besides blocking the air and light. After BMC issued a demolition notice to Aijaz in May 2011, he challenged it in court; Falaknoor filed an application seeking to be made a party in the case. The civil court allowed her plea, following which Aijaz moved HC. 
    Aijaz’s lawyers said Falaknoor was not concerned, as she was neither a resident nor the building’s owner. Falaknoor’s lawyers said as Aijaz did the illegal construction on the same floor, her and other tenants’ rights were affected. The court agreed.