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Chicko Sangma   13 April 2020

complaint against neighbor

Sir, my neighbor use to release sewage to the road which is in front of my house, I have requested him so many times but he never listen to me. Please advice me how to file a suit against him.


 13 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     13 April 2020

As per me, Complain to the RERA. and also complain to the Deputy Registrar of Housing Societies of your District against the committee.  

 

Archit Uniyal   14 April 2020

Hi,

This is a case of neighbour causing a nuisance.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighbourhood.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

In the case, Gulam Husain Mirza vs Laxmidas Premji Alias the court held that any act or omission which has been causing annoyance or damages to any person in the enjoyment of his property is called nuisance and it is actionable.

You also have the option to institute a civil suit against him, under section 91 CPC. You can record your neighbour doing the wrongful act and causing damage or loss or inconvenience or annoyance to you from his wrongful act. Video recording is a good piece of evidence. It is relevant and it is admissible under the Indian evidence act.

I hope this solves your query.

Regards,

Archit.

Chicko Sangma   14 April 2020

Thank you Sir, Kavksatya Narayana and Sir Archit Uniyal for you valuable advice.

G.L.N. Prasad (Retired employee.)     14 April 2020

The road is not yours and the nuisance is not to you and the entire public using the way in any manner or those who may use the land were badly affected and this is a hazard to the public.  Make a complaint to local authorities with such photographs and ask them to take action on war footing basis and if they fail to take any action for 7 days, file RTI Application under life and liberty seeking information on action taken on your complaint, and finally file a consumer complaint in the forum against the Municipality, if you are a taxpayer to that municipality/corporation as it is their responsibility to keep the surroundings of public usage safe and healthy.

P. Venu (Advocate)     14 April 2020

You may take up the matter with the local body (Panchayat/Municipality) or the SDO. They are authorised to take appropriate action and to ssue directions.

Sunil Kumar   14 April 2020

sir our neighbour makes noise at very high level and use loudspeaker to disturbing. plz give your advice .Thank you

Chicko Sangma   14 April 2020

Yes sir, Om Prakash I am from Meghalaya and here in our state we don't have housing society or RERA

P. Venu (Advocate)     14 April 2020

Mr. Sunil - Please post your query in a separate thread.

Archit Uniyal   14 April 2020

Hi,

You may also want to check out the case, Borannna v. M.A Chandra Raju, 1990, wherein the court held that dumping fuelwood or wastage in the common passage by the tenant amounts to nuisance or annoyance.

I hope this solves your query.

Regards,

Archit.

1 Like

Archit Uniyal   14 April 2020

Originally posted by : Sunil Kumar
sir our neighbour makes noise at very high level and use loudspeaker to disturbing. plz give your advice .Thank you

 

Hi,

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighbourhood. This includes playing music at loud volume.

Regards,

Archit
 

Sunil Kumar   14 April 2020

sir my neighbour irritate me and my family.They used very high voice at night to disturbing me and my family and at day they used speaker sound to disturbing my study.sir we have very confused.Please help me

Sunil Kumar   15 April 2020

Sir they used high voice at night and at day they used loudspeaker to disturbing my family and my study.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 April 2020

Section 268 of Indian Penal Code covers public nuisance. There is no requirement that the land should belong to the cmplainant. If he is affected, he can definitely go to the police staation and can get the FIR registered against the accused. 


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