• Illegal construction on pedestrian pathways

I live in HSR, Bangalore, where there is rapid construction. The buildings on the main road have put a boundary on the entire pedestrian pathway and enclosed it for construction. Others have build non permanent structure on pathway for the caretakers. The rest, put rubble and construction material on front. 

A car showroom displays all their cars on the same pathway. 

These pathways were recently built, with very heavy investment. 

What are the laws regarding this in India and how can I get them removed. Approaching local muncipal corporation is time consuming and does not seem to impact.

What is the legal recourse ?
Asked 1 month ago in Constitutional Law from Bangalore, Karnataka

Hi, First you have to lodge the complaint before the Jurisdictional BBMP office and so also Police complaining the owner of the building have encroached the footpath and if they not take any actions then you have to file a Writ petition before the Hon'ble High Court of Karnataka. 

Pradeep Bharathipura
Advocate, Bangalore
4653 Answers
231 Consultations

4.5 on 5.0

You can give written complaint in the municipality for encroaching the public pedestrian pathway under Easement Act.

 

you can file case in the Lokpal.

Ganesh Kadam
Advocate, Pune
8283 Answers
69 Consultations

4.9 on 5.0

This all is absolute illegal and encroachment. Complain to municipality. Complain to enforcement wing. Strict directions from courts in India to Remove encroachment from lands reserved for public utility purposes. Take pictures, give written complaint to municipality, If no action than file writ in High Court.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14668 Answers
19 Consultations

4.6 on 5.0

complain to municipal corporation against enclosement of path way 

 

2) file RTI application as to what action has been taken on your complaint 

 

3)file writ in HC to direct municipal corporation to remove obstruction on pathway 

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

Dear Sir

You may file PIL either in your personal capacity or approach reputed Ngo and see that everything is set right by over night because High Court has vast discretionary powers. 

Kishan Dutt Kalaskar
Advocate, Bangalore
4711 Answers
134 Consultations

5.0 on 5.0

File an application before municipality, deputy commissioner, concerned authority. If still no action then file a writ petition before high court. 

Mohammed Mujeeb
Advocate, Hyderabad
11801 Answers
4 Consultations

4.5 on 5.0

You can first approach the municipal Corporation for remedy later you can move to high court for a writ petition

Prashant Nayak
Advocate, Mumbai
14605 Answers
25 Consultations

4.6 on 5.0

See you have to first file a complaint before the municipal authrority if they fail to take any action you can file a PIL in high court seeking direction of high court.

Shubham Jhajharia
Advocate, Ahmedabad
20971 Answers
81 Consultations

5.0 on 5.0

You should file a writ petition in high court for getting orders to municipal corporation for removal of illegal encroachments from pathways 

Mohit Kapoor
Advocate, Rohtak
4867 Answers
1 Consultation

5.0 on 5.0

The pathway belongs to the Municipal corporation, hence they only can take action to remove encroachments.

You can give a complaint by gathering more affected people in your complaint and submit the same to the commissioner of the Municipal corporation for relief and remedy.

Even the local corporation ward office will be able to take action on the complaint, you may also issue a press release about this condition who  will publicise the issue which may reach the ears of the authority.

Alternately you can file a PIL before high court on this

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

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