Problems due adjacent land owner
J SHANMUGAM
(Querist) 22 August 2014
This query is : Resolved
sir,
i am living in a apartment in chennai, my adjacent land owner's building in very damaged state, few time plaster came out and fell on our apartment cars and made some damage to our cars. we had told him repair it, but he says ok, I will do it, but nothing happening on ground.please advise me what to do.we feel unsafe to park the car or walk near the compound wall
Devajyoti Barman
(Expert) 22 August 2014
File an application u/s 133 crpc in the magistrate court to remove the nuisance.
It is a summary procedure and result would be fast.
V R SHROFF
(Expert) 22 August 2014
Agrees with Shri Barman:
Also complain to local authorities [ municipal corp etc] to demolish the old structure being unsafe for human residence and in dangerous condition..
also file RTI, when was the structural audit of the building was done, what report?? WHY ACTION TO RATIFY DEFECT NOT CARRIED OUT??
WRITE TO COMMISSIONER TO LOOK INTO THE MATTER; IN RAINY SEASON, IF SCRAPE FALL ON ANYONE, CAN DIE..
malipeddi jaggarao
(Expert) 22 August 2014
While I agree with the advice of above experts I also advice you to have a peaceful discussion bringing the difficulties you are facing and also indicate that remedial actions like going to court will be taken if the repairs are not execution in a specific time. If there is response well and good otherwise you can take the steps suggested by the experts.
ajay sethi
(Expert) 22 August 2014
agree with experts
Rajendra K Goyal
(Expert) 22 August 2014
Try to have amicable solution and if not possible move as Barman sir has advised.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 August 2014
Making him to repair unless all apartment owners agree is a difficult proposition. Apart from initiating Acton u/s 133, better also claim damage.
Dr J C Vashista
(Expert) 23 August 2014
Well advised by experts and nothing more to add.
In addition to complaint u/s 133 Cr. PC, issue notice to municipal authorities.
However, amicable settlement may be preferred, the best option, being a neighbour and avoid/minimise strained relation.
ajay sethi
(Expert) 24 August 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 26 August 2014
Before initiating any legal process, have a talk with him and find out an amicable situation since being neighbor, but if talk fails, issue him a legal notice claiming cost for damages caused by him, consequent upon for remedies through legal action may be initiated.
