File a police complaint against him for mischief and harrassment
Hi, My old parents are living in a 2 storey building with 5 flats in Guwahati. The builder had constructed a house in the roof on which a tenant has been living. He continually harrases the people in the building most of whom are old or widowed. There was a complaint filed after which the local municipality had come to take measurements of the building. But looks like the tenant along with the builder had bribed them. Following which no action is being taken. Please advise on how to proceed on this.
you can file a suit in the civil court against the person who has raised the illegal construction for removal of the illegal construction. it also may take time but this in the only viable solution for you.
1. There is is nothing wrong or illegality in letting a tenant stay on the terrace.
2. However if he breaks a law then remedy lies in court by lodging complaint before the police.
3. If the construction built on terrace is without approved building plan then you can complain before Municipality against the illegal structure.
A complaint mustvbe filed against the and the oerson causing nuisance under s.133 of the crpc before a sub divisional magistrate.
If he doesn't do anything then file a petition in the high court to issue directions to the municipal corporation to set things right.
Please file writ petition under Articles 226,227 of India Constitution seeking direction against Municipal Corporation and Builder for demolition of illegal construction on roof of the property.
It is writ of Mandamus directing the Municipal Corporation for pulling down the illegal construction made by the Builder and eviction of tenants of Builder from the roof of the Building.
File RTI application and obtain copy of sanctioned plans
2) if construction is illegal file complaint with muncipal corporation to demolish illegal construction
3) if no action is taken file writ in HC for demolition of illegal construction
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Dear Client,
You may file a case for permanent injunction in the court and take Stay orders front be court in your favour and agaist builder.
If your society is registered then as per co-op society act, rest of the members can remove that tenant if he is harassing to other members of the flats.
1. See first for harassment a complaint before the police can be filed also if local municipal officers are not taking action a complaint of the same can be filed before the municipal commissioner.
File FIR agasint the tenants for creating nuisance. Police will prohibit them and they continued, will be arrested. Call on 100 as ruckus created by them this time.
- As per rule , no structure of any kind whatsoever temporary or permanent shall be erected or fence/partition put up on any common area including the roof of the building , that may obstruct, or impede free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats
- Further , the construction of extra house on the roof is itself is against the law and municipal authority , and further not taking the consent from the flat owner , whose peaceful life being disturbed is also illegal.
- Your father can lodge a written complaint against the builder before the commissioner of the Municipal authority.
- Further , Section 268 of the IPC 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 neighbourhood.
- Hence, as per law, your father can lodge his complaint against the tenant living upstairs, because being the owner of your flat , he has right to live peacefully and happily.
- If, no response from the local police then he can also complaint before the SDM/higher official under the Senior Citizens Act as well.
You have to take the information about the the plant layout of the building which is approved by the municipal corporation by filing right to information in this regard increase there is continuous harassment by the person to old and widow then police action can be taken against the person this is a joint effort and all those who are being harassed may go to the police station and report against the person for his harassment increase police is not listening senior authorities may be approached.
In worst case scenario where the police is not listening at all you can file mandamus writ petition in high court against the municipal corporation builder and the person concerned including the police to get direction from the court there the whole lot of irregularities will come in the knowledge of high court.
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Lodge police complaint against tenant for harassment and public nuisance in order to get the Building vacated due to conspiracy with builder.
If the tenant is creating nuance and disturbing the neighbors, then they can approach police with a criminal complaint.
If the local police is also bribed then they can approach with a similar complaint to the top police officer of the district requesting to intervene and direct the local police to take proper legal action on the complaint filed.
If the local civic body is not taking any action on the complaint filed by you with regard to illegal construction, then you can take up the matter through court with documentary evidences seeking demolish the illegally constructed structure without approval.