I am residing in an apartment where 75 flats or residence are there. There is a man who has started a cowshed with about 25 cows in a highly unhygienic way very close to our apartment. It breeds lots of mosquitoes and expels dirty water and unbearable smell in the entire area, which became a big nuisance to our residents. The unhygenic sittuation and bad smell due to bad installation of livestock can trigger potential health issues to the residents. The cow man is informed about our concerns but he is not ready to take any action. He is running this cowshed in someone else’s empty land, where he claims he has permission from the land owner. I would like to know from you, what is the legal stand point to evacuate this installation from the residential area? Please advice. Thanks
Hello,
Send a complaint to the municipal authority to get the same removed and if they do not take any reasonable action within a reasonable time then you may prefer a writ petition before the HC under article 226 of the constitution.
You right to life under article 21 covers your right to life with dignity in fresh and hygienic environment and as such the same can not be denied to you.
Regards
You may invoke the authority of the District Magistrate or a Sub-divisional Magistrate under the provisions of Section 133 of the Code of Criminal Procedure. This provision allows the above stated officers to remove a public nuisance on information received by them. You may make your complaint in the form of a letter detailing the facts and circumstances of your case. It may help your cause to have some other residents of the locality join your complaint.
You can complaint before the municipal authorities and district magistrate that person is not maintaining the area properly and causing nuisance and further can cause public health issues.
complain to municipal corporation against co w shed being run in residential area
2) if no action is taken file writ petition to direct authorities to close cow shed in residential area as it is an health hazard
Dear SIr,
- Under Municipal corporation, the prior permission is necessary for having a cattle shed incase the activity is in Municipal Corporation.
- A complaint can be registered with local police station under whose jurisdiction the area comes
- Or, the complaint can be done to Magistrate U/s 200 of Criminal Procedure Code under the Charge of Section 268 in The Indian Penal Code Public nuisance, the accused can be punished.
- District Magistrate can order U/s 133 (Conditional order for removal of nuisance) of CrPC against accused.
Regards
Vivek Arya.
You will have to file suit for grant of injunction, alongwith interim relief application, in order to restrain the cowshed owner from carrying on commercial activities in residential area.
Enclose pictures to show what danger it is posing to the residends of your society to prove nuisance on their part in court.
Yes, you have so many legal stand but less expensive and easily available is to complaint to the health officer of the city with a copy to the District Magistrate of the District as these dairies are now allowed only outside the city or at the border.
Dear Sir,
Yes, you can file a police complaint against your neighbor.
The following information may kindly be read:
How to File a Harassment Complaint Against a Neighbour
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.
Harassment Through Nuisance
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.
Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.
As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.
Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. Harassment Through Mischief
When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –
Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
You can file suit for declaration and mandatory injunction in a civil court as well.
You can claim damages in the same suit.
You first Complaint the same to municipal corporation they will evict him if it's illegal otherwise you need to approach court
He has his right to livlihood. You cannot expect everyone to be Software Engineer etc. So basically you have no right or say in what he practices.
Else you 75 residents pay him monthly what he makes or pay him to relocate, then this can be solved.
Cow sheds are not at all permissible in residential area. Complain to municipal office. Why don't every owner gather and raise the issue.
Dear Sir,
You have several options and first one is to approach the local authority that is Municipality etc and other options are as follows:
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How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.
Harassment Through Nuisance
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
1. In the first place he cannot trespass into someone else's land and create a cowshed. This is tantamount to criminal trespass, but only the owner of land can lodge a FIR for this.
2. So far as the unhygienic operation of cowshed is concerned, a suit for mandatory injunction can be filed against him in the civil court by either the housing society or any flat owner to seek directions from the court to take all necessary steps to ensure that it is operated in a hygienic manner. You can also seek periodic inspection from corporation. Cowshed cannot be dismantled altogether and animals left to starve die on the road. There has to be a fine balance struck to honour the rights of humans and animals. There is no law which says that a cowshed cannot be constructed in a residential area. Residential area is meant for both humans and animals who can be domesticated by humans under their supervision.
3. If he does not honour the decree of the court then you may seek directions from the court to the municipal corporation to take the cows in custody and relocate them somewhere else.
If this is a health hazard issue, you may make a complaint with the local health department besides giving a complaint about this to the local civic body too.
Instead of making a complaint individually, a meeting can be held and resolution be passed for the association to take up this matter with the authorities concerned for relief and remedy.
You can plan legal action after exhausting the remedies available with the local authorities.
