Notice against house owner making risky structure

Originally posted by : Dev
	Thank you very much for more insight to the matter !! @G.L.N. Prasad @Nitish   Sir, We shall definitely approach RTI as adviced by you. Just a couple of newbie questions:   1. Can SPIO be directly asked through RTI act or we have to start from the GP level? I mean bypassing GP, Block, Distt levels is fine with law? And do they really ask information down the line so fast? I mean 48 hrs is quite a less time to get information from 3 levels down in our existing system.   2. Whether online RTI can be as helpful as physical copy of the reply and be challenged in court of law? As it will save more time and energy.   3. And how the GP PIO will state engineering details of the construction? Do Govt has provision to send a civil engineer in these type of cases? And if not how to prove that the structure being made is unfit for holding multi-storied building? As, they will not allow us to carry any inspection by ourself.   Myself also trying to get info from other sources. In the meantime any expert comment here by any group member is most welcome.   Thanks in advance...   Warm regards, Dev

Yes you can keep wasting time and energy in futile RTI business by the time building will be copmplete.

what information do you want under RTI?

you already know there is a construction going on.

you know in whos eproperty it is?

you know the contractor

you know it is unsafe

you know your name and address

SO WHICH INFORMATION YOU NEED FROM WHICH GOVT OFFICER BEFORE MAKING A COPMPLAINT TO sdm OR A COURT CASE IN CIVIL COURT?

Originally posted by : advocate
	Apply to court for injunction order

THIS IS THE BEST ADVISE IF THE EASIER METHOD OF COMPLAINT OT SDM U/S 133 CR PC DOES NOT APPEAL YOU.

Originally posted by : Sudhir Kumar
	Originally posted by : advocate Apply to court for injunction order   THIS IS THE BEST ADVISE IF THE EASIER METHOD OF COMPLAINT OT SDM U/S 133 CR PC DOES NOT APPEAL YOU.

 

@Sudhir Kumar,   Thank you very much for a detailed observation and comments.

 

Sir, your arguments and above suggestions seems quite logical and convincing. But, I am a bit confused here as I would thought to proceed as advised.

 

Now, as you say that RTI can not be asked against a private person and no sanction plan of bldg is required in village area (no knowledge of any)..... but, if its true, then that leaves no feasible option than an court injuction order OR complaint to SDM u/s 133 CrPC. Also in the mean time, the very purpose of stopping the work will not be achieved. Agree to these points.

 

Sir, kindly note that should I be aware of that any legal/ litigation issue beforehand, it would be no trouble for me. But, as I have not faced any legal issues before nor my family in any context, I seem to like an amature regarding this and will try every valid suggestion. So, my point is as Mr. Prasad suggested above, in case of any court case or complaint, the authority will ask for the documents and proofs validating my claim. So, in this case what will be the way to prove on papers that our fear of life risk is valid and should not be rejected by court of law in any way and that way we shall also add strong hold to our case.

 

So, if not RTI, then any such thing is there or just direct complaint and let the authority decide whom to send for inspection etc. And the injection order by which court ?

 

Pls suggest sir. It would be of great help.

 

Thx

Dev

 

 

Vedio record while instructing the builder to stop by decscrbing the danger to life and property. Produce the Vedio in CD form to EO/BDO and ask him the appropriate authority to stay the endangering construction.