Bengaluru: Having registered multiple police and BBMP complaints since 2019 in vain, 50-year-old Konanakunte resident took her fight against neighbours over property damage to court and finally got justice. The court recently ordered the neighbours to pay Rs 65,000 to Shivamma T for causing damage to her property during construction of their house. The dispute began when Ashwathappa (58), his wife Pushpa (47) and his mother Jayamma (73) began demolition and construction of their house in 2019. She alleged that a wall in her compound developed cracks, grilles and tiles were damaged and cement water and debris were found on their car during the work. But, she claimed, they continued construction while disregarding her complaints. On Nov 8, 2019, labourers erected a scaffolding on the left side of her house and caused further damage to tiles, and she only received “false assurances”. Shivamma alleged the dispute escalated on Dec 4, 2019, when she and her daughter objected to waste being dumped into their compound—they were allegedly abused. Police were called and they gave the neighbours a warning. Butnext day, she alleged, Ashwathappa called a local rowdy who warned her daughter of dire consequences. Shivamma said she lodged a police complaint, but the officers colluded with the neighbours and registered a false counter-case.Shivamma claimed she discovered on Dec 6, 2019, that the construction was being carried out without a sanctioned building plan, licence or commencement certificate. Acting on her complaint, BBMP assistant executive engineer visited the spot and confirmed the violation BBMP issued a notice on Dec 16, 2019, and many others afterwards. But the construction work continued, she said. When her further appeals to BBMP commissioner, urban development secretary, and Lokayukta went unanswered, Shivamma issued a legal notice on Dec 30, 2019. She filed a civil suit on March 6, 2020, seeking mandatory injunction and compensation. The defence In their written statement to court, the defendants denied all allegations and said that being from a poor and weaker section, they built a small house on the plot. They alleged that it was Shivamma who violated setback norms for her house and had filed the case merely to “extract money”. They alleged that BBMP officials, colluding with her daughter, threatened demolition of their property, prompting them to file a separate suit against the civic body. They insisted it was Shivamma and her daughter who picked fights, abused workers and lodged false complaints, while police investigations found no fault on their part. After hearing both sides and going through the evidence, the LI additional city civil and sessions court headed by Judge Nirmala Devi S on Aug 13 said while the defendants were right in claiming their 429 sqft property did not require a sanctioned plan, they failed to show they took any precautionary measures to protect Shivamma’s house. Photographs and complaints placed on record established nuisance and damage, the court held. The court, however, found that Shivamma did not produce independent valuation or bills to substantiate her claim of Rs 2.5 lakh in damages. Granting a permanent injunction, the court restrained the defendants from interfering with Shivamma’s peaceful possession of her property.The court observed: “Without taking precautionary measures, they have caused nuisance to the plaintiff and the occupants of the suit property.” The court ordered her neighbours to pay Rs 65,000 as compensation for the damage and nuisance caused during construction. The amount included Rs 10,000 for wall repair, Rs 10,000 for tiles, Rs 5,000 for grilles and paint, Rs 25,000 for mental agony, and Rs 15,000 towards litigation costs.
