Bengaluru: Court orders compensation after 4-year dispute

A four-year-long battle with neighbours finally ended in relief for 50-year-old Shivamma T, a resident of Konanakunte. After repeated complaints to police and BBMP since 2019 yielded no results, she took the matter to court.

On August 13, the LI additional city civil and sessions court, headed by Judge Nirmala Devi S, ordered her neighbours — Ashwathappa (58), his wife Pushpa (47), and his mother Jayamma (73) — to pay ₹65,000 as compensation for causing damage to her property during the construction of their house.

Dispute began in 2019

The conflict began in mid-2019 when the neighbours started demolishing and rebuilding their home. Shivamma alleged that during the work:

  • Cracks appeared on her compound wall
  • Grilles and tiles were damaged
  • Cement water and debris fell on their car

Despite repeated complaints, she claimed construction continued unchecked. Matters worsened on November 8, 2019, when scaffolding erected beside her home caused further tile damage. A month later, on December 4, 2019, Shivamma and her daughter were allegedly abused after objecting to waste being dumped in their compound.

The next day, she alleged, her neighbours brought a local rowdy who issued threats to her daughter.

Complaints to police and BBMP

Shivamma accused police of colluding with her neighbours by registering a false counter-case against her.

She also complained to BBMP, which confirmed that construction was being carried out without a sanctioned building plan, licence, or commencement certificate. Though the civic body issued notices starting December 16, 2019, work allegedly continued.

Frustrated, Shivamma escalated her grievances to the BBMP commissioner, the urban development secretary, and the Lokayukta — but received no response. She finally issued a legal notice on December 30, 2019, and filed a civil suit on March 6, 2020.

Defence argument

In court, the defendants denied all allegations. They claimed:

  • They were from a poor and weaker section, building a small 429 sqft house
  • Their property did not require a sanctioned plan
  • It was Shivamma who had violated setback norms and filed the case to “extract money”
  • BBMP officials, colluding with Shivamma’s daughter, had threatened demolition of their home

They also accused Shivamma and her daughter of abusing workers, lodging false complaints, and disrupting the construction.

Court’s findings

After examining evidence, photographs, and complaints, the court ruled that while the defendants were correct in saying their small house did not require a sanctioned plan, they had failed to take precautionary measures to protect Shivamma’s property.

The court held that the nuisance and damage were proven but found that Shivamma could not substantiate her claim of ₹2.5 lakh in damages with independent valuations or bills.

The order

The court:

  • Awarded ₹65,000 as compensation, including:
    • ₹10,000 for wall repair
    • ₹10,000 for tiles
    • ₹5,000 for grilles and paint
    • ₹25,000 for mental agony
    • ₹15,000 towards litigation costs
  • Issued a permanent injunction, restraining the neighbours from interfering with Shivamma’s peaceful possession of her property

In its observation, the court stated:

“Without taking precautionary measures, they have caused nuisance to the plaintiff and the occupants of the suit property.”