Puneet Law Student (student) 28 June 2011

Removal of nuisance (Safety of family)

Hi everyone,

I am seeking your urgent help to remove nuisance from my neighbourhood which is endangering our life.

I am resident of Delhi and my neighbour who is the owner of 3rd floor with roof right was building 4th floor which is quite dangerous as the whole building structure didn't have a single pillar. Building being 60 years old cannot bear the burden of another 4th floor and my house which is adjoining is also endangered. I lodged complaint with the local police and MCD and the work was stopped there and then, but the incomplete structure is still as is.

Now he must have done something due to which the water is logged on his floor and keep coming through adjoining wall to my room. He has done this to just frustrate us. One of the wall of my room is completely damped (whole wall is dipped with water) and even water is coming from the fan fixed on the ceiling. There is leakage everywhere in that room. I have already changed my fan twice. His entire 3rd floor and 4th floor is locked and he is not reachable. We even dont know if he has sold this property to some dealer. I have electric switches on the wall from where there is water leakage and I am scared of electric shock to my children’s and other family members.

Please advise me the legal action, the act where I can challenge him, police help under which section so that I can stop this nuisance immediately.

Thanks in advance for all your advice and help.

My Best Regards,

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5 Replies

Tarun Thakur (advocate) 28 June 2011

Your case is civil in nature. You have to file a civil suit for permanent injunction and mandatory injunction. Along with petition file an application for stay praying the court that your neighbour be restrained from creating intentional waterleakage/nuisance. contact your nearest civil lawyer at the earliest..

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Puneet Law Student (student) 28 June 2011

Thanks Tarun for your suggestion. As you know many civil cases are long pending in the courts.. Is there any remedy by which I can get immediate relief..

Can I get help from the Police or can I file a criminal complaint under section - 133 of CRPC which is for removing public nuisance and meant for public safety ?

Sajeev Menon (Legal Consultant Dubai 00971 508836442) 28 June 2011

Dear Puneeth,

If there is any imminent danger to the public, you can approach the district collector and the Secretary(Corportation/Municipality) for the immediate relief, if the matter is not in front of any court. Districst collector has got the power to conduct an enquiry in this aspect and take steps to avoid further damage. Otherwise if the matter is pending before the court, you can implead the District collector and Secretary(Corporation/Municipality) as additional respondant and the court shall order them to sumbit the report, whether the situation is endanger for life.

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Puneet Law Student (student) 29 June 2011

Thanks Dear Sanjeev,

In Delhi I am not sure being a capital city we have any district collector, Can we approach Metropolitan Megistrate to issue permanant/temporary injunction for this case.

Everyone, please advise if I can lodge complaint U/S 133 of CRPC and where should this complaint need to be lodged ??

Thanks lawyer's community for helping me on this issue.

Best Regards,

Doveson (advocate) 01 July 2011

File an fir since its an act endangering property and life. Its a cognizable offence. Dust ur ipc book and go through it. Also see abatement of nuisance. Further, u can also approach the health inspector of the municipal corporation and lodge complaint saying that water logging in that premise could cause spread of disease.