2010. Till January 2011 sheet piling and micro piling work was
carried on in the property. This work was continued for one year.
Then after terms were settled, the trees were cut. In February 2011
the execution of works in the main building started. Thereafter, the
basement top slab, podium level-I and podium level-II as also 3rd to
6th, 7th and 8th foor construction has been complete and the
position is that plastering work has been going on. At no point of
time, prior to such extensive construction activity, the petitioner
made any grievance by approaching the competent Court. To his
knowledge, this construction activity was going on in full swing for
three years and more. Now, the petitioner makes this complaint.
The complaint essentially is of alleged nuisance caused by this
construction activity that there would be, therefore, obstruction to
the free fow of air, light and ventilation. This is a complaint made
by an alleged aggrieved individual. The society, which is the owner
of the building, in which the petitioner has a fat, is not aggrieved.
The construction site is barely 30 mtrs away from the building in
which the petitioner is residing. Therefore, it does not appear to be
reasonable that anybody will deliberately make a construction which
is illegal and unauthorized. In fact, all the permissions and approvals
have been duly obtained. Details of the same are set out in extenso.
