Public road encroachment

accounts officer

Sir,

I bring to your notice that in front of my house 35 feet road is there as per the Town Survey. But opposite of the my house one of house hold he is the corner house,for both roads he opened doors and living but for after some years he closed one of the door and encroached public road and built a two rooms the road . I complained to city municipality and City surveyors no action was taken aganist him and iam having the complaint letter copies with me what should I do to demolish that illegal built .  Please suggest me

 
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advocate

Ask under RTI that what action has been taken on your application.

Or you may file suit in SDM court under Sec 133, to remove this nuisance.


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Practicing Advocate since 1986

Your write to the Chief Minister complaint cell  about  Public road encroachment and your complaint to Municipality.  GLOBAL LEGAL SERVICES,  Email:  globallegalservicesindia@gmail.com


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Advocate

This is a clear case of encroachment of government land. There are many ways solve this issue, out of which some you have tried and others have suggested a few methods. In addition, you may report this matter of encroachment and atrocious behavior of the encroacher and his scant respect for law of land and also the lethargic and ignorant attitude of the local authorities despite many complaints made to them in this regard.  The matter reported in a column of press will create furore on its publication and the sleeping authorities will wake up an fling into taking appropriate legal actions atleast till the outcry of people subsides.


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Advocate

You can complain to the Secretary , Ministry of Municipality and Town and Town planning by enclosing xerox copies of complaints lodged in the office of Municipality and City Survey office and wait and see for 15 days for its result.  Even after 15 days if you do not find any action then by application of RTI you requisition the status of your complaint. If you do not find any action straightaway you file a Writ application in the High Court invoking Article 226 of the Constitution of India stating the entire facts and INACTION OF MUNICIPALITY AND CITY SURVEY OFFICE AND AGAINST THE STATE government alleging that the executives of the respondents being public officers holding public office are not discharging their respective duties in accordance to law as enjoined upon them and by their action it transpires that they are deviating from the tenets of their constitutional obligations which are the settled principle of rules..


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This is Public Nuisance and you can file private complaint in Magistrate court for remoaval of nusance ie encroachemnts holding both Local Authority and Trespassers as respondents.

 

 
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