I have a home in kolkata. The plot beside our home is a disputed joint property of 2 heirs who could never agree to a reasonable division or proper use or sale of the land. Meanwhile the abandoned land became a dirty pond by collecting rainwater etc., used as a garbage disposal ground and is currently a center of public health hazard. The heirs don't live nearby, so the price is paid by the neighbours living around. I'm also confident that property taxes etc are not paid properly on the land. I was wondering what are the laws against misuse of land in the heart of city and what are the possible remedies here? Thanks a lot for potential solution options.
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1) file complaint before municipal corporation against use of premises for garbage disposal
2) issue legal notice to legal heirs to remove garbage disposed on the premises
3)if they fail to do so file suit against legal heirs to direct them to remove garbage accumulated on the land
Thank you for the answer. Unfortunately we tried these many times and seem to be temporary solution. A couple of times, it was cleaned by municipal corporation, but it gets back to the same state in a few months! I was looking for a more permanent option like petition for municipality to take over this property and auction/ or convert to public park etc. - are those legally feasible remedies?
Municipal corporation would have to pay compensation to legal heirs for acquisition of land and conversion to public park
2) you can file writ petition in HC to direct municipal corporation to acquire the land as it has been converted into garbage dump
I was wondering what are the laws against misuse of land in the heart of city and what are the possible remedies here?
Please remember that this is not misuse of land.
The heirs have not bothered about this owing to the dispute between them.
If you feel or apprehend health hazard then you may make a complaint with the local civic body about this including the health department for remedy
Neither the municipality nor anyone has any right to take over this property.
This is a private property belonging to somebody.
The municipal authorities can instruct them to maintain it but who cares for law
1. You shall have to apply before the local Municipal corporation for properly maintaining the said plot to avoid public health hazards and also for giving warning to the owners that the plot will be taken back ( if allotted by Govt. as in Salt Lake), unless the same is maintained properly.
2. If no action is found to be taken by the Municipal Corporation, you can file a Writ Petition before the High court against inaction of the Municipal Corporation seeking relief.
1. If the problem recurs with no permanent solution, you shall have to file the Writ Petition as suggested in my earlier post seeking permanent relief.
2. In the said W.P., you should give stress on public health hazard caused due to the non maintenance of the said plot of land.