Neighbour nuisance/harassment


We keep seeing thousands of complaints about neighbour's harassment / nuisances and recommendations from learned experts to handle them on this forum. But we don't see so many case laws on the same except that for some major issues of construction etc., Would like to know are people are scared of going to court of law or does courts does not accept all cases of neighbour harassment/nuisance as strong proof may not be available because of which survival of fittest/strongest has become more relevant. 

 
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CEO

In case of petty nuisances and harassment of neighbours, people usually do not file civil or criminal suits because of the time,, effort and money involved. However there are definite instances of civil and crimal suits being filed when the harassment or nuisnace become unbearable or are of the nature of phycal harms. There are protective civil and criminal laws for such cases. 

 
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yes. i completely agree. In foreign countries i have heard that there are stringent punishment for neighbours harassment whereas in india, this is an area unattended to. I dont' think this will change and we have to live with it. 

 
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Advocate and Legal Consultant

What are the facts of case/ problem / dispute vis-a-vis your locus standi and concern ?

Prima facie it is an academic exercise or moot court topic for time-pass.

If there is some truth in the story it is better to consult and engage a local prudent lawyer with relevant records for analyses, professional advise and necessary proceeding.

 
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Advocate

Yes, Is there any real issue?

Anyhow, only the important matters that reach  the High Court and Supreme Court alone are reported, not those decided at District Courts and below. It is a matter common knowledge that petty nuisance or harassment cases would not be taken up by the Constitutional Courts unless there is a substantial question of law involved.

Moreover, such petty incidents need not constitute an offence to be tried by criminal procedure. There could certainly be an action in TORT. However, action in tort is still in an embryonic state in our country. To my knowledge, foreign countries, esp. England, are far ahead of us in this context.

 
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