(Guest)

Unauthorized shop - information obtained through rti

Dear Sir,

One person has been running shop illegally in a govt land adjacent to our front boundary wall. He has been throwing garbages, blocking road, diverting the sewage to front of our house. Many anti-social elements cause nuisance in the place, and it is not safe for my family.

The shop has a very old municipality license. But the municipality license was issued to run the shop in some other location, not in front of our house.

Our repeated complain to municipality has gone in to deaf years as this person has some contacts there.

Since we were not sure which govt. entity owns this land, We filed RTI in various govt departments . Railway, Municipality, GA etc.

India Railways replies to RTI that this land is owned by railways, and the shop is being running illegally.

Municipality RTI replies are not very clearly. But mentioned that the person has set up his shop on a railway road.

Even after obtaining obtaining these replies for last 1 year or so, our repeated request to these govt. entities gone in to deaf years.

Can some one suggest what is the right thing to do?

Should we file a writ petition ?

Is filing writ petition in SC is suggested as Indian railway is a central govt. entity?

Thanks

Reply Follow

3 Replies

G.L.N. Prasad (Retired employee.) 20 April 2014

You may first issue 80c Notice to concerned Railway official asking them to arrange to evict and stop further nuisance in the Railway Road through an Advocate.

After one month file RTI Application seeking information on Action taken on notice and the officials responsible and entrusted the job of attending the complaint.

Also file a complaint in pgportal (PGRMS) narrating the troubles you are facing and if possible enclose two or three photographs and name the concerned offender.

Take care of your family, as these may reflect if retaliatory and offensive measures are adopted by other party.

Chetan Joshi (Advisory/Advocacy) 20 April 2014

In my opinion you should should complaint to the municipality based on the reply of RTI received by you then again file an RTI to know the action status report and the if nothing happens go for a WRIT OF MANDAMUS in the High Court based on the facts and circumstances.

Regards

Chetan(dot)7679(at)gmail(dot)com

T. Kalaiselvan, Advocate (Advocate) 21 April 2014

As Mr. G.L.N. Prasad suggested, you may give notice to railway authorities towards the encroachment and illegal occupation of Railway area, notice to Municipal authorities towards his unhygienic activities of throwing the garbage in front of your house and also for making the drainage water stagnate near your house causing pollution and health hazard issues, next a complaint with the local police for repeated nuisance by the antisocial elements assembling in front of his shop and torturing the neighborhood as well as the passers by. All these notices to be sent through registered post with acknowledgment cards. Create the records, and obtain information through RTI after a month about the action taken by the authorities on your complaint, if there is no effective action initiated, you may approach high court with a writ seeking relief and remedy for your grievances. Be prepared for retaliatory attacks by the people who are hurt through your legal action. Take precautions for that too.