• Frequent but temporary blockade of dirt road to my home by builder

10 years ago I purchased a plot from landowner with the promise of developing road etc. Later(6 years ago) landowner's relative started developing an apartment on the rest of land.The apartment is still under construction but during construction(since last 1 year) they repeatedly dump materials in such a way that passage(no road has been constructed yet,just soil) gets blocked for 2-3 days every 10-15 days or supply trucks and tractors totally spoil the passage by tracks. Despite bringing it to their attention they just keep repeating it.What should i do?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

1) issue them legal notice not to block your passage

2) seek court orders restraining them from blocking your access to your house

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client

Complain to municipal office, creating obstruction to passage amounts to nuisance, Municipal office will seal the construction and seized the buildign material.

This can be complain to police also,

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Firslty, as per the information been provided by you in the present above query, makes it clear and unambiguous that they have been creating nuisance for you.

Secondly, now, being a respectful citizen of our country, you should give hem in writing to stop otherwise will go for legal remedy, so that litigation would not get one more case which may be resolved otherwise.

Thirdly, if they still do not understand then I would advice you to go for civil suit for permanent injunction against the acts done done by them.

Fourthly, you will get relief for sure.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You have Two remedies

i. Under Criminal Law:

Register an FIR in the nearest Police Station for the offence of public nuisance under Section 268 of the Indian Penal Code.

ii. Under Civil Law:

File a case claiming compensation as well as damages for the tort of public nuisance by showing the specific damage being caused to you along with the infringement of your legal right to use the road.

better to go with both remedies.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If this is for temporary period then you can ignore this.

2. but of it getting nature of permanency causing perennial problem you can consider seeking injunction from civil court.

3. Another speedy and cost effective is filing a case under section 144 crpc.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

This is my response to you:

1. First send them a legal notice;

2. If they do not listen to you then file a police complaint for breach of peace;

3. You can then as a method of last resort file a suit in the civi court and get injunction orders against them;

4. You have legal rights and also easementary rights over that part of the road therefore take legal steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

You can at this stage issue them a legal notice and keep same for the record in case they create this nuisance or blockade after the notice can register a complaint against them in police and can file a civil suit to restrict them from disturbing the path and using own land for keeping such material.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a civil case in the Civil Court for easement right against the Builder for blocking you direct road to your home

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

Approach the municipal corporation to lodge a complaint against them also you can file a police complaint for nuisance. if they do not stop then file a injunction suit against them. However, the police complaint and complaint before municipal corporation will help you.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If this nuisance continues as a menace you may inform the local civic body about the inconveniences you face and also the hardships caused due to this.

Alternately you can issue a legal notice the apartment owner stating that despite several requests they have have never bothered to remove the material lying on the path and they are causing great hardship and it becomes a continuous nuisance and advise them to clear the path failing which you would be compelled to initiate legal action against them.

Consult a local lawyer and proceed to get relieved from such stresses.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

File petition for right of way in court.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

1) Make the complaint to the landlord and bring to his notice that such things ae happening to near your plot and passage that's why you are suffering a lot due to this.

2) If still they are not listening to you than you can go in consumer forum and complaint against builder and tell that facility has not provided yet till date after purchased of the plot and make complaint in RERA as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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