Hello,
approach the police and ask the police to take immediate action. If police does not do so then engage a lawyer and approach the magistrate.
regards
Legal remedy regd men dirtying in open plot beside my residential building
Dear Sir/Madam, I am living in a building beside which there is an open plot. It seems the owner of that empty plot is letting vehicles park in some portion of it. Nowadays, I am noticing those drivers urinating and defecating in the plot and its becoming an everyday issue as the plot is just beside my building it is raising concern among all of us building residents. Kindly advise what is the legal remedy in such situation? Thank you,
Asked 5 years ago in Property Law
Religion: Other
14 Answers
Issue legal notice to owner not to permit his plot to be used for urinating and defecating in public
2) complain to muncipal corporation
3) file suit seek court orders to restrain owner from using his plot as open toilet by drivers of vehicle parked in said plot
It is a nuisance. Issue notice to the land owner to stop such nuisance immediately. If nothing happens complain to police. If no positive action taken by police, file an application under section 156 cr.pc to magistrate with reference to section 268 of cr.pc which deals with the offence nuisance.
An application must be given to the municipal corporation and the development authority of your city. It shall take appropriate action.
Regards
You may lodge a written complaint with the local body - municipality or corporation, as the case maybe. Send a copy to the plot-owner asking him/her to take necessary remedial action.
Hi,
You may complain against them for creating nuisance towards you and other inmates. The said complaints will be filed to police.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like nuisance, harassment, intimidation, etc.... against the person/s, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
3. ALSO IF your area falls under a "municipal corporation", then file a written complaint, on health & diseases, malaria, mosquito breeding, etc.... concerns and request them to initiate legal action on the Land Owner and other persons.
As a neighbor you may not object someone urinating and defecating the neighbouring open plot when the owner himself is not taking care of his property.
You dont have any cause of action in that regard since nobody is dirtying your property.
Your complaint in this regard with the police of the civic body may not be entertained, you may just ignore it after making a complaint with the owner of the plot about it.
There is no civil mischief also involved in such acts until you or your property has been disturbed or damaged or you are personally injured or aggrieved by such acts.
There is a law. The act of passing urine in any public place, in the sense of a place open to the public, would amount to an offence punishable Under Section 290, I.P.C. The essential ingredient of the offence is that the act must cause any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
But enforcement of such law can be affective only with a deep sense of awareness and sensitivity in public (read both observers and doers).
You can file complaint agaisnt those people and you can report to SDM for open defication.
You can complaint to the sanitation officer in municipality he will fine them and take strict action. You can also complaint to police for ensuring fines.
Dear Client
You can file police complaint against the owner and the drivers whose car are being parked in the plot for public Nuisance and obscene activities.
Send a complaint against the owner of the plot to municipal corporation and also jurisdictional police station. In your complaint to police station you should seek that owner may be bound down through injunction to fence the plot and install a gate to keep it locked so that people do not use it to defecate.
- As per the information mentioned in the present query, makes it clear that you all have been disturbed both mentally and by health wise also, and yes it is a real issue for concern.
- There can be two ways open for you legally, First is to give the owner a legal notice to stop the same nuisance otherwise you will be forced to file a suit for injunction against the nuisance in the civil court of law.
- Secondly, if all can come together then it becomes the issue of public nuisance wherein you can file a police case for public nuisance and they all be stopped at there point only with strict directions to the owner also.
- Rest, you are free to contact me at any time for further discussion on this issue.