Upgrad LLM

injunction


opposite to my house of 20 ft road a G+3 resedential construction is going on causing heavy nuisance to the public. can we file for an injunction order against the construction and the owner is realtor.
 
Reply   
 

Remedies for public nuisance

    a) injunction

 

    b) criminal action.

 

    c) declaration

 

Who can sue in public nuisance ?

     The attorney general in English and the advocate general ( or the collector ) in India can take an action for public nuisance.

  A private individual can also sue for public nuisance if the shows that : 
  

 a) he has suffered some special damage apart from the general damage suffered by the public.

 

 b) the injury was direct and not consequential.

 

 c) the injury was substantial.

 

 

 
Reply   
 


Advocate

What kind of nuisance that you are talking about.  

 
Reply   
 

I am talking about Public nuisance
 
Reply   
 

You change your place of residence.


Total likes : 2 times

 
Reply   
 

J Smartin your advice the joke of 2018

Total likes : 2 times

 
Reply   
 
Retired Manager

House construction is a very common feature. While a house is being constructed there shall be a certain amount of inconvenience to the neighbours. As part of the society, we have to show tolerance to such genuine work being done. The house you are residing might have been constructed some time back at which time if somebody brought an injunction stating that its a nuisance, there would not have been a house for you to reside. Let's be tolerant to our neighbours to atleast a minimal level. No point in trying to litigate the matter  and create a problem for a neighbour.


Total likes : 1 times

 
Reply   
 

Sivarama Prasad sir, I respect your elderly advice. [14/07, 4:32 PM] .: Respected Commissioner sir, Namasthey. I am Smt.M.Rangamani w/o late M.S.N.Achari, aged 65years residing at D.No.9-11-8/14, Sivajipalem. Since I have been suffering with knee pain and because of old age, I have no other easy way of contacting you except the WhatsApp. Opposite to my house there is a construction going on from the past 6 months. The owner of that building has dismantled the already existing house of previous owner, using workers any has cleaned the debris using cranes during night times with sound frequency more than the thunder.We don't know whether he obtained the permission from GVMC to use cranes or in resedential areas heavy cranes can be used or not?. Because he is becoming neighbour we beared that public nuisance. After that for the basement drilling he used cranes during night times. Even then also we beared. After that for basement construction he has used the 20feet public road for storing sand, concrete, gravel, iron etc by putting heavy cement plates. As of now for four times he used the ordinary concrete mixture machine for basement work and blocked the road for four days as of now. During the usage of the machine it was emitting smoke in huge quantity which is creating breathing problems for surrounding neighbours amounting to public nuisance. In the permission flexi that he displayed, the construction contains G+3 floors. As of now the ground floor pillar work was completed. He put cement plates on the drinage and trespassing the road for the storage of cement, concrete, gravel etc and there by blocking the free flow of the drinage during rainy season where the free flow of water was obstructed because of the reason that the drinage was filled up by sand and waste material etc..and there by preventing the GVMC workers from cleaning the drinages as they were covered by cement plates. Recently I have noticed the problem of heavy mosquitoes. Previously it was not there because of underground drinage system which made the city as smart city. Recently I have contacted gynaecologist Dr.Sushila Govind who told me that I am suffering with phyleria because of the mosquito bite. Then I realised that the obstruction caused by the owner to the free flow of drinage water during rains has brought increase in mosquitoes. The same was also confirmed by nephrologist and I have to use medicines for 2 years. As of now I am a completely healthy woman and was forced to use medicines because of this decease. Our honourable prime minister and honourable chief minister are working hard for famous safety measure "Swach Bharat" which was grossly violated by the so called builder. I request your good selves to take immediate preventive measure and save my health.I am herewith sending all the evidences. I have seen your good selves in eenadu magazine for many times working hard for swach Bharat to make the city clean and green. I request your good selves to not to disclose my details to anyone as the builder is a realtor and may cause harm to me or my son.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x