Illegal encroachments
jashan randhawa
(Querist) 16 December 2011
This query is : Resolved
in my locality, 90% people have encroached the area in front of their houses. either they have put up grilled structures or they have simply extended their front wall till the road. this causes a lot of inconvinience to traffic mobility. further every house has almost 2 cars, and once the area adjoining the road is encroached, these cars are parked on the road. it also undermines the actual purpose of the area adjoining road, that is greenery..............now i want to know that what does law say in this regard because this problem is not only in my locality but every city of punjab. even in planned city chandigarh, people construct a 2 feet high boundry in front of their houses and at times put grills on it......what can be done to curb this menace???
adv. rajeev ( rajoo )
(Expert) 16 December 2011
It is the duty of municipal corporation to take action against the illegal encroachment. File an application before them to take the necessary action. You need support of the residents of the locality for this
Devajyoti Barman
(Expert) 16 December 2011
Absolutely right.
If the Municipality or the PWD does not tackle this menace you can file Writ in the High Court.
Something some precious little is done by someone this would keep going.
V R SHROFF
(Expert) 16 December 2011
I agree with Rajeev & Devajyoti
The Problem s VOTE BANK,
The councilor of the area elected by those residents will not go against his voters.
If at all, Municipal Corporation is pressurized to take action, They will remove it once for a day, and next day, all will be as it is !
Public awareness is important.
This problem is not only in my locality but every city of India (Punjab) & Why city, it is the tendency of person, in town city or villages too. They encroach the nearby land.
Nothing wrong, going through Procedure such as
1] Written Complaint with as many Signature as possible with full name, address and their property Tax No. to Municipal Corporation. Address to Commissioner, and Also to Local Councilor. Include Photographs say 10, by a professional Photographer with his Bill, Receipts Sayt and Date of Photo with few Complainant included in Photo, reading that day News Paper Front Page[ for date proof]
2] can move court- HC after No. 1] has no effect.
3] Repeat No. 1] every 3 months: and also publish in Local News Papers and TV
Support of residents [90% defaulters] is impossible.
It becomes FREE SOCIAL WORK,
Take Support of a Person who Lost Election , in that area, So he will like to fight against present Councilor , who will not support you. Unless he wants to be good with local residents in hope to win next election.
This Process though not impossible, but I warn, VERY VERY DIFFICULT. All Depends upon Commissioner.
Adv Shroff
16-12-2011
Guest
(Expert) 16 December 2011
I don't think you should have any cause of worry if the civic administration is sleeping.
Raj Kumar Makkad
(Expert) 16 December 2011
because a citizen is ultimately sufferer so he should raise his voice. I suggest you to file a civil suit under section 91 & 92 of CPC in the representative capacity of common man with permission of court and initiate strong action against municipality who is sleeping providing opportunity to people to encroach upon public utility land and causing inconvenience to general user like you.
V R SHROFF
(Expert) 16 December 2011
I liked Shri Raj's Suggestion.
If we succeed in one, we can improve many cities in India.
Sankaranarayanan
(Expert) 16 December 2011
Honestly encroachment is illegal that u confused yourself. Still the authority sleep no need to worry
girish shringi
(Expert) 16 December 2011
I feel it is the duty of every citizen to avoid any kind of encroachment,anywhere in the country.
I think the first duty to get raise voice is of the advocates in the country.
You go through the history of the country and world you will find that advocates have raised the voices and the success came in.
I through this forum invite all the learned advocates to unite and come forward in this common cause at the national level.
Shonee Kapoor
(Expert) 16 December 2011
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 17 December 2011
Thanks experts sharing views with me.
jashan randhawa
(Querist) 17 December 2011
thanx a lot 2 each 1 of you for ur precious advice.........
going by your views, i had like to explore the option given by mr. makkad.......
since m a student, i dnt knw the exact procedure to b followed. if you could elaborate how to file the civil suit undr rhe given sections, it would become easier for me.
i had a word with 3-4 locality members who are ready to support me. and m strngly motivatd to do what ever is in my hands to bring down these encroachments.
Shailesh Kr. Shah
(Expert) 17 December 2011
It would be better hire local advocate for further proceedings.
prabhakar singh
(Expert) 17 December 2011
I praise the sentiment Mr. Makkad has against encroachments on public land.
But suit u/s 92C.P.C. shall not lie in given facts at all.
However a suit u/s 91 C.P.C. can lie.
Civil Procedure Code 1908
91. Public nuisances and other wrongful acts affecting the public.
1[Public nuisances and other wrongful acts affecting the public]
[(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-
(a) by the Advocate General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.
1. Subs. by Act No. 104 of 1976, sec. 30 for the former heading (w.e.f. 1-2-1977).
In alternate the remedy of writ suggested by Mr.Barman may also work efficaciously and expeditiously.
