Mental torture and disturbance
Querist :
Anonymous
(Querist) 23 July 2011
This query is : Resolved
Dear sir,
i am a serving soldier presently posted in a different country. My neighbor has started constructing rooms on my garage roof and over my lawn which is unauthorised. Orders have been issued by the state development authority, and by the organisation which allotted the flats stating that the construction is illegal. I have also obtained a stay order from the magistrate through my relative in India by sending power of attorney. Even he has been threatened by the father and son directing him not to come to the premises whereas i have authorised him by power of attorney. These uncalled developments have put tremendous mental pressure on me and my family members in a foreign country and i am not able to completely discharge my responsibility towards my job. Even we had sleepness nights after seeing the photographs of the unauthorised construction of rooms on our car garage and lawn. I shall be grateful for your advice on the following:-
(a) Can I/my relative whom I have given power of attorney file any case against this mental torture and seek compensation from the neighbor through court of law?
(b) Since my headquarters is at Delhi, can I file such in Delhi and do i have to give him legal notice for this purpose?
(c) Can my relative file criminal complaint against the father and son with the police that he has been threatened and directed not to visit my flat? But I doubt that nobody from the colony will come and help my relative in his support because he is a civilian and nobody will try to get involved in such cases.
Devajyoti Barman
(Expert) 24 July 2011
a, No can only file a suit for mandatory injunction or eviction of trespasser to demolish that structure.
b,No you have to file the suit where the property situates.
c,Yes
Advocate Bhartesh goyal
(Expert) 24 July 2011
File a contempt petition against your neighbour for disobeying the court stay order also seek the police help for implimentation of court stay order.
Arvind Singh Chauhan
(Expert) 24 July 2011
yes you should file contempt petition for the disobedience of court's order and must file an application in court, to direct the police for the enforcement of satay order.
M V Gupta
(Expert) 25 July 2011
Dear Shri Bansalji,
With due respects to u,How can a soldier on duty abroad look into the AIR manual? At any rate it is the job of his lawyer to ascertain the laegl position. or u can help by giving the precise authority on the issue. As already there is a court's stay order in the matter the querist should file a contempt application as suggested by the experts. He may alao amend his suit already filed where the stay order has been issued to include additonal prayers for demolition of the illegal constrctions.
Querist :
Anonymous
(Querist) 26 July 2011
Thank you Mr Gupta. I was wondering to know what is AIR. Thank you for highlighting the aspect of inclusion of an extra prayer for demolition of the constructions.
R.Ramachandran
(Expert) 26 July 2011
Yes, I am also disgusted with many of the answers of Mr.Ajay Bansal where he mechanically replies "See A.I.R. Manuals." If the querist is capable of referring to A.I.R. manual, he would not in the first place visit LCI at all. At best, the querist would say in such an such AIR, it has been stated like this .. in some other case law it has been stated like this - which one is correct etc. etc.
Thus, my suggestion is, we should be little bit more serious while answering the queries. If we are not proficient in certain aspect of the law, it would be wise to leave the query unattended so that others who can handle the query would answer it, instead of giving non-serious and non-useful answer to the queries posed.
Querist :
Anonymous
(Querist) 26 July 2011
Thanks a lot.
