Letter not accepted by the society
milind
(Querist) 12 May 2012
This query is : Resolved
Dear sir,
I had submitted a request letter to the society, to cut the dangerous trees to the safety level on the plot which belongs to them, adjacent to my bunglow .I have also submitted the permission received from the legal authority to cut these dangerous trees to the safety level but the society is not willing to accept my letter on this topic. The reason best known to them. Can You please guide me as to what steps I should take so that I can have a proof in the later stage that a letter was given to the society but they have neglected their duties.
Shonee Kapoor
(Expert) 12 May 2012
Send by speeed post.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Suhail A.Siddiqui
(Expert) 12 May 2012
dispatch through speed post/ registered post with a copy to police department, MCD and registrar of societies
Sudhir Kumar, Advocate
(Expert) 13 May 2012
In addition to the above advise please read S/133 of Criminal Procedure Code
Sudhir Kumar, Advocate
(Expert) 13 May 2012
S/133 Cr PC is as under :-
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by 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, considers --
(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 fall 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, tank, 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.
R.K Nanda
(Expert) 13 May 2012
Apart from normal modes of sending letter
also paste a copy of ur letter near the door of office of said society so that they can easily see it and read it and do the needful at the earliest.
ashutosh mishra
(Expert) 13 May 2012
And after pasting take a photo or video-graph as proof of pasting affixing.
milind
(Querist) 15 May 2012
Thank you very much for your prompt & valuable advice. Keep it up and keep going helping and advising people like me.God Bless!
