Raghava (n/a) 23 January 2008

nuisance

Sir,

There is a residential apartment in our locality which is not a registered one. Recently one flat owner has given his flat for tenancy but they are doing commercial activiity and causing nuisance to the other residents. Inspite of repeated requests and notices the owner who is behaving adamantly. Even though the Apartment not having registration but having their own bye-laws and where it is clearly mentioned that the Apartment should not entertain commercial activity. Please kindly suggest me what type of steps to be taken to restrict the Flat owner who is doing illegal activity.

Sincerely,

Raghava

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5 Replies

Shambasiv (n/a) 23 January 2008

Lodge a police complaint. For action for breach of bye laws, the remedy would be provided in the bye laws itself.

Raghava (n/a) 23 January 2008

Sir,

Thank you for the suggestion, but is there any other remedy from civil side.

for All members......legal opinion pl.

Thanks.

Raghava

anupam_advocate (n/a) 13 February 2008

Lodge a police complaint.

Vishwanath tripathi (Advocate) 17 February 2008

Lodge an FIR,Make complaint at housing board of that area,to the district magistrate,and all the concerned authorities if you want to go on civilside and when the problem occurs inform to the police at the same time through phone

(Guest)

·V..n.tripathi is right.You lodge an FIR.

Public Nuisance: A public nuisance is an interference with the publics right to property and involves conducts that hamper public health, safety, peace or tranquility. It may affect an entire community or neighborhood, or any number of persons, although the extent of the annoyance or damage inflicted upon individuals may not be equal.

Private Nuisance: A private nuisance is an unreasonable interference and invasion of a person's right to the use and enjoyment of his land. Public nuisance is a crime while private nuisance is a civil wrong. Damages can be obtained in case of a public nuisance only if special damage sustained by the plaintiff can be proved.