• Blockage of property

Dear Sir/Madam,
There is a Civil construction going on in our locality and the owner of that property is dumping construction material (stone chips, stones etc) just in front of our apartment main gate. After talking to him, he says during construction this happens and not ready to listen. Now vehicle movement is restricted from our apartment and there are old people who may need medical attention at any point. This blockage is creating a problem for us. What are we supposed to do as a apartment association.
Regards,
Asked 4 years ago in Constitutional Law

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17 Answers

File poluce complaint against owner fir dumping debris in front of your gate 

 

also complain to muncipal corporation and request that permission for carrying on construction be revoked as debris is being dumped in front of your gate 

Ajay Sethi
Advocate, Mumbai
94795 Answers
7551 Consultations

5.0 on 5.0

Well thought dumping of construction is not illegal but ar the same point of time this must not cause nuisance or restrict common passage. 

If it does then it's a civil wrong for which you can file civil suit for declaration and mandatory injunction. 

So act accordingly. 

You can inform Police though to mediate the dispute. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Hi

All construction permissions are granted with a pre-condition that construction material/debris cannot be dumped in any public property such as Roads, nalas, neighbouring property etc and the act of dumping debris on public property, adjoining property is considered as both public and private nuisance.

So the legal remedies available to you are 

a) File a complaint to the Municipal authorities and revoke the building permission sanctioned to the owner as he has grossly violated the terms of building permission granted to him 

and /or

b) File  a complaint with the police against the owner and contractor for offence of public nuisance which is punishable U/S 260 Indian penal code.

and/or

c) Obtain injunction from civil court against the owner and contractor from undertaking any activity till such time the owner has come up with storing mechanisms of construction material and precautionary measures against dumping of construction debris which is validated by town planning authorities.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

A complaint must be filed against him for endangering the property and lives of people u/s 133 or the crpc to the sub divisional magistrate. He will take prompt action.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

File a police complaint against him 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Please approach, call and E mail to Municipal Corporation for illegal activities of person who is storing debris of his construction work near your gate causing problems in Movement and would cause serious issues of health. 

Please approach and file Police complaint from your Apartment Association for causing problems in Movement and parking spaces of your vehicles in and out of your Apartment. 

Please take signature of your Association members as much as you may take to put grievances against injustice being caused to you all by the person who is involved in construction of his Apartment. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Complain to jurisdictional Police Station against the owner of the property who is blocking the right of way of the residents of the apartment.

2. If it's not bearing any fruitful result, bring an Injunction to the building he is constructing, so that the construction is stopped. 

Shashidhar S. Sastry
Advocate, Bangalore
5128 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to serve him a legal notice and then file the case of injunction. In the meantime, you may also file an application with police.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can complaint to corporation and if not resolved approach NGT or other court for directions

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Dear Sir,

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.

Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under 

Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

You can file suit for declaration and mandatory injunction in a civil court as well.

You can claim damages in the same suit.

 

 

How to File a Harassment Complaint Against a Neighbour

India is a densely populated country. As a lot of people stay in flats or live in duplex sharing common walls, at times, it happens that maintaining a quite decent relation with your neighbors, you sometimes have arguments with your neighbors on some issues related to your house.

 

It can be issues of any type. E.g. having a problem regarding sound or late night party etc. Sometimes, matter even gets serious and situation of filing complaint also occurs. Here we will discuss what are the options available for the person being harassed by the neighbors.

Is Calling Police an Option?

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.

  • Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.

  • Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under 


  1. Section 425 of IPC which statesthat whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
  2. You can file suit for declaration and mandatory injunction in a civil court as well.
  3. You can claim damages in the same suit.

  • Harassment Through Trespass

If you live in an apartment and park your vehicle in the parking allotted to you but you notice someday that the place which has been allotted to you is been occupied by some other person then, you will simply ask the person to vacate the parking space occupied by him but if he/she refuses to do that, after being told or warned many times, will amount to criminal trespass.

click above

441 of IPC defines Criminal Trespass.

Criminal Trespass

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “Criminal Trespass”.

If this type of harassment is faced by you from your neighbors, you can file an application under Section 441 of IPC in the court of magistrate. And the punishment of criminal trespass has been defined in Section 447 of IPC in which three months imprisonment is mentioned or fine of  500 rupees or with both.

If this type of harassment is faced by you from your neighbor, you can file a complaint with the local police. The best way to do this is to call 100 and narrate the problem you are facing. It is important to collect and preserve evidence and then giving the same to the police.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

- As per Section 268 of the IPC , when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighbourhood

- Hence , you can lodge a complaint against the owner of that property for creating nuisance after dumping construction material in front of apartment gate. 

- If no response , then you can complaint in the office of the SDM , and municipal corporation as well. 

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

1. The RWA should file a police complaint against him in the jurisdictional police station.

2. If police does not take action then a writ petition can be filed against police and this man to ensure that police performs its duty.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

File a case before the executive magistrate under section 133 of the CrPC.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Call the police. Nothing happens, builder have to maintain no blockage else construction will stop.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

1.File Complaint Before Municipality . 

2. You can immediately file a suit with injunction and asking to give way and to clear all the blocks caused by the construction company.Give a police complaint for the same.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As apartment association you need to file complaint against that person in municipal corporation for removal of dump material from main gate of apartment. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can make a complaint with the local local civic body about this and request them to initiate proper legal action against the neighbor for dumping the debris in front of your apartment complex which is causing nuisance and obstructions to your entry and exit from your house. 

You can also put pressure through local police. 

 

T Kalaiselvan
Advocate, Vellore
84992 Answers
2205 Consultations

5.0 on 5.0

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