• Plants and tree planted by neighbours outside compound wall protruding on the road

There are flowering plants/trees growing to 10-12 feet with protruding branches on the road causing a problem to free use of road passage to my house. They use these plants though kept in public property outside their house but dont trim or prune the plant. Ours is a 12 feet road It scratches us/vehicles while commuting. We have told them to keep from ground to 7 feet level clearly trimmed/pruned. They are not listening. This is a nuisance. What are the legal remedies Similarly residents of the colony are parking near our colony turnings in corners on public road obstructing view of traffic What can we do.
Asked 6 years ago in Civil Law

11 answers received from multiple lawyers

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11 Answers

You can file application to corporation and get it trimmed. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) complain to municipal corporation against trees planted on public road which obstruct movement of vehicles and members of public 

 

2) if no action is taken file suit seek orders to direct neighbour to remove trees  planted on public road obstructing movement of vehicles 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

complain to traffic police regarding parking of vehicles in narrow public road obstructing your entry and exit of vehicles 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

You can seek corporation help for both illegal parking issue and trimming of plants

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Complaint to municipal office and SP, traffic control.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

you approach civil court for this purpose and file a suit against the neighbor to cut the trees. and asking for appointing of an advocate commissioner to show the condition. and report the same to the court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, moot your grievance through Forest Department not directly.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

For cutting down trees that are blocking your way, whose branches are spreading to your house or blocking hoardings, you need to take a clearance from the Forest department. Many people, due to their ignorance of the rules are attracting penalties from the Forest department.

You may inform the forest department or make a complaint with the local municipality about such obstructions and also about the vehicles parked in the street corners obstructing the view of the vehicular traffic coming form opposite direction.

Even a police complaint about the vehicles parked in such vulnerable points would make things work.

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

You can give a complaint with the traffic police about this and urge them to initiate steps curb such practices to prevent accidents.

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

You dont take law  into your hands, you have options to give complaints about this to the authorities concerned and to follow up through legal sources.

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that this is the nuisance for all in fact not only for you.
  2. You can file a suit for removal of the trees under the law of nuisance before the civil court of law as this is the private nuisance for you if only you want to take action.
  3. In fact, if you all can come together then you all can file a police complaint for public nuisance and then police will take care of it.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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