Danger to life & property
Querist :
Anonymous
(Querist) 14 November 2010
This query is : Resolved
Learned Lawyers,
A day before yesterday, highly volt aged wires have been made to pass over in the middle of & about 8-9 meters above my allotted land by reinstalling new electric post,in spite of my request, which otherwise was passing through side by my land till two days before.As the wire is highly charged, there naturally attached a risk of...
If the authority refuses to relocate the electric post/wiring, what should I do?
Khaleel Ahmed Mohammed
(Expert) 14 November 2010
Issue a legal notice immediately, and file suit for injuction against the authorities.
Guest
(Expert) 14 November 2010
Code of Criminal Procedure. Section 133. Conditional order for removal of nuisance.
You can file an application under above mentioned section of Cr.P.C. before District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate of your area in this regard.
I think your matter is covered under Section 133 (1) (c) Cr.P.C.
Section 133(1)(c) "That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped;"
for your reading the complete section is as follows------
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider --
(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or
(b) That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or
(c) That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or
(d) That any building tent or structure, or any tree is in such a condition that it is likely to fill and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or
(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or
(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,
Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-
(i) To remove such obstruction or nuisance; or
(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) To fence such tank, well or excavation; or
(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in the said order;
or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.
Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
Arvind Singh Chauhan
(Expert) 14 November 2010
Both options are open as suggested by Khaleel Sir and ajitabh Sir.
Devajyoti Barman
(Expert) 14 November 2010
Yes, that apart you can also file Writ n the High Court against the state and the electricity department.
Guest
(Expert) 15 November 2010
I want to ask a question to all my seniors n fellow experts.... in this querry.... it's a public nuisance or private nuisance..????
Uma parameswaran
(Expert) 15 November 2010
File writ petition .There is no public nuisance or private nuisance. It is against fundamental rights.
