• Illegal construction of gates being locked permanently by neighbor

I am resident of dda society flats . My neighbours illegally constructed gates on compound passages blocking pedestrian crossing and locked them permanently without taking any permission from any government body DDA , MCD etc. When we tried to talk to our , they refused to listen our concern and trying to threaten us for not taking action. 
Kindly tell me what we do to tackle this situation since my neighbours are trying to threaten us.
Asked 8 years ago in Criminal Law
Religion: Sikh

9 answers received in 1 day.

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10 Answers

Hello,

In such a case you can directly approach the high court and can get an order, since the activities are being done by these persons illegally so we can get an order from high court directly so that the concern authorities can take of care of such things.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Immediately file a complaint against them before police and also file a civil suit against them before civil court for injunction and removal of this gate and also claim compensation for your mentally and emotionally harassment.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

1.No flat owners can block the common passage.

2.So if anyone does so you can file suit for mandatory injunction to removal of the obstructions.

3. For this meet a local lawyer and file the same.

4.For verbal abuses and harassment you can file criminal case of intimidation and defamation.

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

complain to DDA regarding illegal construction of gates on common passage

2) if DDA refuses to take any action file writ in HC to direct DDA to take action against neighbours for having constructed gates on compound passage

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

you can issue legal notice to direct neighbours to demolish illegally constructed gates

2) if they refuse to demolish the gates complain to DDA as advised herein above

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

record all verbal abuses received .

install CCTV cameras in the house

video footage together with aduio recordings will help you in making out a c ase

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

I am resident of dda society flats . My neighbours illegally constructed gates on compound passages blocking pedestrian crossing and locked them permanently without taking any permission from any government body DDA , MCD etc. When we tried to talk to our , they refused to listen our concern and trying to threaten us for not taking action.

Kindly tell me what we do to tackle this situation since my neighbours are trying to threaten us.

If the act of the neighbor is blocking your way and your rights in the common passage and infringing your easement rights, you can file a suit seeking the relief of easement rights and also a mandatory suit to remove the obstructions put up in the common passage and to restrain them from putting up any such illegal structures or obstructions in the common passage.

Do not go to police becasue it is a civil matter hence the police may not entertain any such complaint.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

Some of my neighbours are continuously harrassing my family members. Last year we have already loged a complaint with evidence but only warning was given to those people . But now one of them still verbally abusing me and my family but we don't have proof for this. Can we still file a complaint against that person. We do have previous complaint number .

For committing such public nuisance by the neighbors, if they do not amend themselves despite an earlier warning, you can lodge a fresh complaint against them with the same police.

If the police is not entertaining or not cooperating or taking any action properly you may approach a judicial magistrate court with a petition under section 156(3) cr.p.c. seeking the court direction to the concerned police to initiate proper legal action against the neighbors for the reasons stated in the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

Kindly guide me .

You may follow the steps suggested by first issuing a legal notice to the neighbor to remove the obstructions put up by him in the common passage and restore the common passage for the use of all those who have rights in it.

Failing to listen or comply you can proceed further legally.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

1.Have you complained to DDA? If yes, what is the outcome of the complaint?

2. You may file a writ petition in the HC if DDA is not performing its duty. Alternative, a suit for mandatory injunction may also be filed against DDA and your neighbours to demolish the illegal construction made.

3. A fresh complaint can be filed against them if there is a fresh cause of action.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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