• Nuisance of tenant in illegal construction in building

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.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

File a police complaint against him for mischief and harrassment 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to officially file complaint to Muncipalty. Then approach court. 

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

File a case for injunction immediately. 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94797 Answers
7551 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. How does he harass people?

2. Come with complete facts.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

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.

Please remember to rate this answer if you like it

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Lodge police complaint against tenant for harassment and public nuisance in order to get the Building vacated due to conspiracy with builder. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer