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Road encroachment and vehicle parking in residential layout

Querist : Anonymous (Querist) 17 February 2023 This query is : Resolved 
I reside in own house in a govt approved residential layout. The road in front of house is 20feet width. My house located at end of layout adjacent to compound wall.
My opposite house owner encroached road by extending compound wall by 2 feet. More than that, they are parking car outside on the road. Because of car parking, the approach road to my home further blocked/ narrowed.Only small car can pass that narrowed road. Big vehicle for example Ambulence can not fit in to that road. We need request them to remove vehicle whenever needed depending on their mercy.
Please any legal expert clarify
1. How to prove that the neighbor encroach the road. Only I can see misaligned / offset of their compound wall by 2 feet with reference to other.
2. Which dept I can approach to disallow neighbor car parking on the road. Whether I can approach court, if yes what proofs needed.
Sudhir Kumar, Advocate (Expert) 17 February 2023
You can approach

1. authority who sanctioned layout.
2. SDM u/s 133 CrPC for abatement of public nuisance.
Querist : Anonymous (Querist) 17 February 2023
Thank you sir. What kind of evidence or supporting docs needed to file case.
Isaac Gabriel (Expert) 17 February 2023
Seek the layout and plan from the local body/corporation and complain to that Town planning Authority to initiate actio.
Querist : Anonymous (Querist) 17 February 2023
Corporation is managed by govt which is highly corrupt. If they do not take action, how can i approach court sir.
Dr J C Vashista (Expert) 19 February 2023
Did you approach concerned local authority qua encroachment ? If so, what is response ?
It would be appropriate to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding.


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