When neighbors become sworn enemies

New Delhi, Jan. 12: In this posh locality of West Delhi, two neighboring families hardly miss even half-chance to hurl choicest and filthiest abuses on each-other. Unlike the very common dispute for car parking slots, they are fighting to the hilt as one of them is building another floor in their house.

  On the surface, this should and can not be the reason for any fight. But the other neighbor says that while constructing another floor, their neighbor is damaging their house.

Take another example. A weekly religious discourse with full-volume of music is giving headache to large number of residents in a cooperative group housing society in Patpadganj. What is the remedy if two neighbors fight on one pretext or the other? Sunder Khatri, a Supreme Court advocate, says that the law does not provide any remedy to aggrieve on such disputes. Even if you are aggrieved and take the matter to court for some kind of remedy, the court would not give you any relief. It only suggests both parties to settle the dispute amicably.  

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

S.k.Gambhir, another legal expert, is of the view that a sane approach in these matters can save you from bigger trouble. “As the feeling of neighborhood is no longer very strong in places like Delhi, hence its better that you settle all your small or serious disputes with your neighbor sensibly without loosing temper. Otherwise, you would invite many ailments.

And if we talk about Delhi, where flouting money power has become order of the day, there are some who infringe their neighbor’s right.   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 which can be talked over and settled.  People assume many things about a neighbor without going into the factual aspects.  Complaints are given, notices sent, one rushes to various authorities. It is found that after the whole exercise merely simple talk or discussion would have resulted into amicable settlement. It is very difficult to have any guideline towards the behavior of neighbors. Dr. Devendra Gupta,CMD, realty advisory Century 21 India, says that unlike the general perception that neighbors in Delhi and NCR only fight pitched battles for car parking space, they also fight with each-other on many other issues too. They fight as one neighbor violates plans, sanctions, and regulations or permitted use of properties. “When you develop or otherwise deal with the property, think from your neighbor’s point of view also.   Do not overlook small things.  Do not ignore warning signs, legal notices, and communication from the authorities, Devendra Gupta concludes.

Alimuddin Rafi Ahmed, MD, ILD group, which is building many residential and commercial properties in Gurgaon and Sohna, says that nuisance is another grievance between the neighbors. Very often you would find news items in newspapers when neighbors fight after one party refuse to play music at a decent sound level. And very importantly, putting one’s property to illegal or immoral use may amount to a different type of public nuisance and may invite civil and criminal proceedings. And converting residential property for non-residential use like having factories and polluting industries definitely affect the entire neighborhood.

Compound walls and fences are another kind of disputes between the neighbors. Moreover, they also fight on the issue of encroachments. These disputes can and should be solved out by having survey, verification of records and title deeds.  At the same time, ownership of compound wall or a common wall comes into disputes.  Most of the disputes can be resolved by having proper talk and legal advice.

It is possible that the neighbor has laid large pipes that drain water from a common source. These and other such issues are very difficult to solve except by approaching the authorities or the courts. If any person crosses the limits of tolerance than the only remedies available to go to the authorities or the courts. 

It has been seen that problems also arise from trees, crossing over to the neighbor’s property. And remember that your pet can irritate your neighbors. Dangerous dogs and other animals can create havoc with neighbor’s life. So you should be very sensitive towards your neighbors. It goes without saying that one should live in a civilized manner so that your neighbors respect you. Talking about his neighbors, a friend with Chinese origin said that there is a saying in Chinese that they (neighbors) can not live in a harmonious manner. He made this comment while talking about strained India-China relations. It is up to you to prove wrong the Chinese saying or follows the cornerstone of Islam which instructs their followers to always look after the interests of your neighbors.

Vivek Shukla,45,is a veteran journalist and writer, currently working for a prestigious publication house as an Editor.  A Post Graduate in Political Science from venerable Hindu College, Delhi University, he has been writing on contemporary issues in major national and international newspapers and news portals. While subjects like South Asia, Indian Diaspora, Muslims, Caste, Delhi and Corporate world are very close to his heart and soul, he hardly miss any chance to read and write on other interesting subjects too. In his college days, Vivek Shukla was one of the founders of Socialist forum of DU. A die-hard Gandhian, he has been actively involved with many social and educational institutions in New Delhi since long. He can be contacted at vivek28shukla@gmail.com