• I want to remove street dwellers residing in front of the common space of my residense

A mother and daughter duo are residing right in front of the passageway that leads to my residence. They litter the place and throw garbage around and feeds cats who in turn litter our garage and other areas of our ground floor. There are three household in our area and all three households are effected due the nuisance they create. On 29th january some of the children of the household were playing in the common area when these street dwellers sprinkled water on them and asked them not to play in that area. On confronting them they continued with their arrogance and challenged us to dare remove them from the roadside as the road was free from all and not our ancestral property.
 I seek your advice on how to take legal steps to evict these trespassers from the common area. They are right on the streets so how will it be possible to send legal notice as they donot even have a full name or address.
Asked 3 years ago in Civil Law

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13 Answers

Legal notice to miscreants are never a sound possibility, use a good camera to record a clear video of their activities and clear pictures too, then over a police complaint and an injunction from civil court will be needed and police to be intimated by court order. It needs to be dealt with proper planning or else woman oriented organisations will make your life a living hell

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Complain to muncipal corporation against these street dwellers 


2) file writ petition in HC to direct muncipal corporation to remove these street dwellers staying in the road 

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

This is responsibility of municipal office to remove street dwellers congestion.  Or complain to collector office.

Giving legal notice to them, no use. Only govt. can remove them, force removal by individual not advisable.

Yogendra Singh Rajawat
Advocate, Jaipur
22283 Answers
31 Consultations

4.4 on 5.0

You can file a complaint to corporation and if not done you can file writ petition in HC

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

It it is a municipality land complain to municipality authority stating the nusance caused by them. If ignores file case against municipality. Seek injucinjun.

If private land complain to police .

Evict them with help of police and it is better to give boundary around the open space. If no action from police, file private complain before magistrate against police and seek direction from court to police to do all needful.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See you can complaint before the municipal authority and also make a written complaint before police since they are encouraging road and same is not permitted under law the municipal authority shall remove them from there.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you wish you can approach to the local police station to remove them from the unauthorised occupation in the building this is only without available so far now

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

File complaint before Municipality, if the authorities are not taking any action then you can file public interest litigation before concern highcourt under wet constitution of India. You can also approach to collector to remove illegal possession .

Mohammed Mujeeb
Advocate, Hyderabad
19291 Answers
32 Consultations

4.7 on 5.0

1. Well, the footpath immediately in front of your house is occupied by them then the Municipality is bound to evict them to clear it for walkers and nearby residents.

2. Now the Municipality falters in doing so then you have the option of filing writ petition in high court against its inaction.

Devajyoti Barman
Advocate, Kolkata
22526 Answers
456 Consultations

5.0 on 5.0

Dear Sir,

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You should make a police complaint against them for creating nuisance and criminal intimidation of children for playing in that area. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can give a complaint to the police about the nuisance and trouble given by the pavement dwellers.

You can also mention that the pavement dwellers threaten your children while they are passing through the pavement.

You can also give a complaint to the Municipality in this regard who will send team to evacuate them legally.


T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

An application must be given to the concerned DCP who will serve a notice on these people if necessary or will remove them in the interests of law and order and peace in the locality.

Rahul Mishra
Advocate, Lucknow
14052 Answers
65 Consultations

5.0 on 5.0

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