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harvinder   14 August 2017

Common property encrochment

Dear sir,
In front of shop booths, urban development authorities gives a common passage. However if one neighbor of one booth is encroching the common passage, what is the legal action that second booth neighbour should do. THe common passage are meant for public who come in market for purchase. No body can put any shopping material on common passage in front of booths.
The second neighbour have approached urban development authority who in turn has visited the site and found the common passage encroached. The authority have issued notice to first neighbour also but first booth neighbour is arrogant and still occupying the common passage. Actual first neighbour is running restaurant and using wheeled counter. The first neighbour is clever enough and not doing any permanent encrochment. Whenever any authority comes for inspection, he takes his counter on wheel inside booth and whenever authority moves away, he brings back counter on wheel on common passage.
 
What should be the legal course of action for second neighbour.
1. can the second neighbour file case of mental agony under IPC 441 against first neighbour.
 
please reply.
 
regards
 
second neighbour


Learning

 5 Replies

Kumar Doab (FIN)     14 August 2017

Record audio/visual such activities.

Obtain copy of inspection report under RTI from authority.

Lodge complaint with EO..

1 Like

harvinder   14 August 2017

many thanks sir. What is EO. I am planning to place nuisance /  harassment case againt neighbour.

 

 

Kumar Doab (FIN)     14 August 2017

Estate Officer.............

1 Like

harvinder   15 August 2017

EO has been shown all video footage. EO has issued notice. Now we have notice in our hand but neighbour is still not removing encrochments. what should be the next action to contain him.

Kumar Doab (FIN)     15 August 2017

GO thru Greivance Redressal at website of authority............

The senior officials from HO are deputed............

Complaint can also be escalated to Chief Administrator.......


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