Filing-nc n chapter for obstructing terrace encroachment
sampat mane
(Querist) 30 March 2019
This query is : Resolved
My neighbour stays in adjacent B wing whose back wall connects to Terrace of our Wing. C. Without proper permission from the Society, he has illegally made entry access to this and uses daily despite objection from the C wing residents. Since I am more vocal about it, he has filed an NC under false allegation and finally the Police station (Executive Magistrate in the same police station) has filed a case u/s 111 and issued notice of Chapter Case Notice u/s 107. I too had given written explanation against his 1st NC with photos of his illegal access. Further I too filed a written complaint against him twice but nothing moved ahead. Now with some influence in the Police Station he has managed to get a chapter case registered against me. The Police tried to dispose this matter by convincing me to sign a BOND but I disagreed and informed that this will be decided by putting my case across and be decided on merit. But I doubt this will be in my favour because of his influence in the Police Station. What are my options in this case Can someone advise how to handle this and if its not in my favor how and where to appeal for justice An early reply will be appreciated as this case is to be heard in the next week
sampatmane
bhandup mumbai
Suresh Pillai
(Expert) 01 April 2019
If the Enhancement is Legal, then you may require to refer to Law of Easement also. If the Enhancement is illegal, prima facie it can be prevented even by obtaining an Interim Relief at least
