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rajindia (owner)     18 March 2014

Can the police file fir against municipal authorities?

There have been several complaints raised against erring restaurants in a building that do not have separate drainage lines, use water from the building water storage tank. So the building residents have no water to use, similarly the main drainage line gets choked frequently causing great nuisance to the residents. Similarly, some of the restaurant operators have encroached within the free space available in front of their shops.

The municipal authorities do not bother to reply to the letters, nor do they initiate any action against the restaurant operators. They have also ignored RTI applications most of the times ducking the information sought.

When asked to Police, they conveniently say it is Municipal Corporation's job, not theirs.

Can one insist on filing an FIR with the police? If one has to do this, what can be the grounds, for example IPC clauses? Kindly advise. Please also advise do's and don't's for such cases.

Thank you in advance.



Learning

 2 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     18 March 2014

The best way I suggest u is to file a suit for removal of the encrkoachments and forremoval of the nbuisance caused at the premises.  also add the shop owners as defendants.  Criminal case is far fetched phenomenon

Gagandeep Goel (Advocate)     20 March 2014

Hello There

After going through your case, I will recommend the following remedy.

Kindly write to the superior authorities and collect all the documents and send the same to the head of the department and get a show cause notice issued for the dereliction of duty of public servant.

further file a case for the removal of problem in the civil court and ask for a speedy trial and then move ahead.

Regards

Gagandeep Goel

Advocate

0987 220 6969


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