Friendly neighbourhood gladiators

Place: Rajouri Garden - In this posh locality in West Delhi, two neighbouring families hardly miss even half a chance to hurl the choicest and the filthiest of abuses at each other. Apart from common place disputes over car parking slots, they are also at loggerheads as one of them is building another floor on his house. On the surface of it, this should and cannot be the reason for any fight. But the other neighbour claims that while constructing the additional floor, his neighbour is damaging his house.

Take another example. A weekly religious discourse with sound system blaring on full volume is an occasion for another big face-off between residents in a cooperative group housing society in Patparganj and organizers of the soiree.

What then is the remedy if two neighbours fight on one pretext or the other? Sunder Khatri, a Supreme Court advocate, says that the law does not provide any remedy to the aggrieved parties in such disputes. Even if you are aggrieved and take the matter to a court for some kind of remedy, the court may not give you any relief. It only suggests that both parties settle the dispute amicably.

Experts say that unlike the Registrar of Cooperative Societies of Delhi, the Registrar in Mumbai intervenes in the disputes of neighbours of cooperative societies. Zafar Iqbal, a Mumbaikar and expert on land matters, says that neighbours do not fight over petty matters in Mumbai. And even if they have some differences, they do not stoop to the level of their counterparts in Delhi. They apparently take care of their neighbours while keeping a dignified distance from them.

Is it possible that the manner in which you build, demolish, expand, develop or deal with your property would affect the interest of your neighbours? Sunder Khatri is of the view that a sane approach in these matters can save you from bigger trouble. “As the feeling of a neighbourhood is no longer very strong in places like Delhi, it’s better that one settles all their small or serious disputes with neighbours sensibly, without losing temper.

Otherwise, one is sure to invite trouble, big or small.” And if we talk about Delhi, where flaunting money power has become the order of the day, there are many who infringe upon their neighbours’ rights with impunity. And, they rely on ‘influence’ and money power. Most of the times, these things do not work and the properties are locked up in the legal tangles.

There are matters that can be talked over and settled. People assume many things about a neighbour without going into the factual aspects. Complaints are given, notices sent, one rushes to various authorities. It is invariably found that a simple talk or discussion between the two sides would have resulted in an amicable settlement, and saved both parties all the bother of legal wrangles. It is very difficult to have any guidelines to guide people in their attitude towards neighbours.

Neighbours in Delhi and NCR fight pitched battles not only over car parking lots and constructions, but also over a host of other issues. Another source of attrition is when one neighbour violates plans, sanctions, and regulations or permitted use of properties of an apartment block or society.

Another legal eagle says that when an owner develops or otherwise deals with his property, they must think from their neighbours’ point of view also. One must not overlook small things. And, one must never ignore warning signs, legal notices, and communication from the authorities.

‘Public nuisance’ is another common gripe between neighbours. Very often, you will find items in newspapers where neighbours fight after one party refuses to keep music down to a reasonable decibel level.

Another reason is when one puts his property to illegal or immoral use - here, not only will the owner hear from the neighbours, it is certain that he will invite criminal proceedings from law enforcement agencies as well. And converting residential property into commercial use like having small-scale units that pollute the neighbourhood is once again going to invite the wrath of the law.

Compound walls and fences are another source of dispute between neighbours and encroachments can only aggravate matters. These disputes can and should be resolved by having survey, verification of records and title deeds, and most of them can be resolved by having proper talk and legal advice. It is possible that the neighbour has laid large pipes that drain water from a common source. These and other such issues are very difficult to solve except by approaching civic authorities or courts.

It has been seen that problems also arise from trees - from their crossing over into the neighbours’ property! And, also remember that your pet can irritate your neighbours. Ferocious dogs and other ‘cute’ animals can create havoc in your neighbours’ lives. So, you should be very sensitive.

It goes without saying that one should live in a civilized manner so that your neighbours respect you. Talking about his neighbours, a Chinese-origin friend once said there is a saying in his country that they - neighbours - cannot live in a harmonious manner. He made this comment while talking about the strained India-China relations.

It is up to you to prove wrong the Chinese saying or follows the cornerstone of Islam, which instructs its followers to always look after the interests of the neighbours.