A man constructed a house on public path way
Ramakrishna
(Querist) 04 February 2017
This query is : Resolved
On public path some one constructed a house with the help of a political leader in a village with out permission but the land was belongs to public property due to this activity people in the village suffer to walk. Therefore I want file a suit against the building owner, panchayati and road&bulding department. Can I file suit against them in principal junior civil judge court? If so, On which provisions/ sections in CPC, should I file? How much will be the court fee because it is public property?
I want to file to remove the house in the public path way
Please kindly answer me Thankyou
Sudhir Kumar, Advocate 
(Expert) 05 February 2017
Cr PC 133 provides faster remedy in case of public nuisance. No civil suit is required and the mater falls within powers of SDM.
Sudhir Kumar, Advocate
(Expert) 05 February 2017
depending upon how state vigilance is active in your state you can in addition file com[plaint to state vigilance against the panchayat office bearers under PC Act as they have misused official position as public servants.
ramaraju ramaiah
(Expert) 05 February 2017
it is better to obtained information under RTI act whether it was belongs to government site or not and also information obtaine from Panchayathi office about approval plan of that site under RTI Act then proceed . file a suit as respondents against both parties
Rajendra K Goyal
(Expert) 05 February 2017
Query repeated using the name of another author at:
http://www.lawyersclubindia.com/experts/On-public-path-a-person-constructed-a-house--630866.asp
