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Registration of fir for violation of article 21

(Querist) 03 September 2017 This query is : Open 
Dear Experts team,

We are the residents of Delhi and have problem with our neighbor regarding their illegal constructions in their open court yard which is adjacent to our balcony. We filed a Civil Suit and the judgement is in our favor. but the demolition is yet to get done fully. My neighbor and their family members are sitting in the illegally constructed court yard and throwing cigarettes in our balcony. Our balcony is covered by bamboo curtain (padutha) and can catch fire at any time. We have collected more than 30 cigarette pieces in the last 10 days itself.

Also, they shout at us and state that "you go back to your own state and this state is ours" whereas we are living in Delhi for the past 25 years. And Delhi is our home state and well settled.

Kindly help us by clarifying the following :

1. Some says Article 21 is violated and an FIR should be registered against the neighbor who is throwing the cigarettes into our balcony. Wish to know under which sections of IPC or Cr.PC such FIR can be filed?

2. Few others say that compliant to Human Rights Commission - but cautions nothing will happen on our complaints.

3. Some say file a writ petition in the High Court since we got the judgement in our favor on their illegal constructions and approach the High Court for violation of Article 21.

So, please guide us on how to go about it.

With best regards,

Rishi Gupta
NANDKUMAR B SAWANT (Expert) 04 September 2017
Sir you may enclose copy of court judgement and send it to local area development authority and also send copy of same to police chief.
Ms.Usha Kapoor (Expert) 04 September 2017
You can file a civil nuisance case and mandatory injunction against your neighbor from interfering with your peaceful enjoyment of property by throwing their cigarette pieces into your balcony from their illegal courtyard construction. Also you can file a Writ Of Mandamus u/Article 226 of constitution before the Highcourt for violating your right to life and personal liberty(Article 21 of the constitution) by joining the Municipal corporation and police Chief as opposite parties seeking directions to them from the Highcourt to demolish illegal construction of courtyard trespassing your balcony by the Municipal Authorities and register an FIR by the police against your neighbor respectively.And as Advised above by Mr,..Nanda Kumar Sawant you can send a copy of judgment to Municipal Authorities and police chief which is in your favor.
Adv. Yogen Kakade (Expert) 04 September 2017
I agree with expert Ushaji.
Rajendra K Goyal (Expert) 04 September 2017
Whether Municipality was not a party in your case?

Write to Municipal corporation with copy of Judgement and request to demolish the construction. Use RTI to get fate of your application after 15 days.

Continue to send reminders.

Lodge police complaint for throwing lit cigarettes in your portion.
Guest (Expert) 04 September 2017
What is the opinion of your own lawyer?
Rishi Gupta (Querist) 05 September 2017
Most Respected Sirs,

Many thanks to all of you for your kind support on this.

Municipality is party in to this case. And in fact, we have filed the Execution Petition also. Demolition was done only partially and the neighbor is sitting in the partially demolished courtyard and throwing the cigarettes in to our balcony.

1. As advised respected Smt.Ushaji, is it mandatory to file the FIR before filing the Writ of Mandamus Under Article 226?

2. Under which sections of Cr.CPC or IPC I cna file the FIR?

with best regards,

Rishi Gupta.


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