• 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 4 years ago in Constitutional Law

7 answers received in 1 day.

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10 Answers

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
5604 Answers
335 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
12910 Answers
253 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
22596 Answers
31 Consultations

4.4 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
94518 Answers
7485 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
6135 Answers
483 Consultations

4.8 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
19299 Answers
32 Consultations

4.7 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
31802 Answers
175 Consultations

4.1 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
25514 Answers
179 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
10687 Answers
7 Consultations

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
84711 Answers
2172 Consultations

5.0 on 5.0

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