• Unwanted activity in residential area

My neghbour house is just adjacent to my house.front of my house is just parallel to back of his house. He is preparing UPLA (lands) made of dung in his area.which is no supposed to be done in residential area though it is a village.this thing is causing unpleasant smell , insects and worms and also degrading asthatic view of front of must house as my drawing room opens in that direction only. He by same activity he is also blocking street which is a legal path (rasta)for both of us.under any law can he be stopped for preparing upla    in his area or he can be forced to construct a boundary all around his area.and how can he be stopped not to obstruct path (rasta).regards.
Asked 2 years ago in Civil Law from Jhansi, Uttar Pradesh
1) complain to muncipal corporation  against your neighbour for preparing UPLA in residential area .

2) if no action is taken file RTI application regarding action taken on your complaint .

3) you can also  file case against him in local court and obtain an injunction restraining your neighbour from carrying on UPLA preparation in open .
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
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1) you must be having panchayat in the village . lodge written complaint against your neighbour . 

2) your neighbour cannot block right to way . for that you can lodge police complaint against your neighbour . also move court for necessary relief
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
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1. There are many remedies available to you under the law.

2. You may address a complaint to the municipal commissioner of your city bringing to his knowledge the activity of your neighbour. Generally the corporation adopts a comatose attitude in such cases. So your complaint may not elicit a reply, in which event you can take recourse to RTI by filing an application under RTI to seek information on the status of your complaint. This will surely send jitters in corporation.

3. As a measure of last resort, you may move to High Court and seek the closure of the activity carried out by your neighbour.
Ashish Davessar
Advocate, Jaipur
18060 Answers
445 Consultations
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First of all you shall complaint about the nuisance to the competent authorities of your Gram Panchayath or Municipal Office whichever  may be.

Wait for the response.  If no action is taken, there are several legal sources of solving Ur problems for ever. Don't worry.

Also, U can approach any N Go's for help in this issue if U can't face the UP LA maker by Ur selves.
K. N. Mohan Mudaliyar
Advocate, Hyderabad
6 Answers
0 Consultations
Not rated
1. File a petition before your local Panchayat,

2. You can also file a complaint before the state pollution control board,

3. You can also lodge a police complaint alleging that the act of your neighbour is causing serious health problem to you and yur family which can become fatal,

4. You can also file a petition before the local Civil Court praying for a restrain order on him.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. You can surely lodge a complaint before the police for blocking the Rasta under copy to the S.P.,

2. After this you can file an application before the Court u/s156(3) of Cr.P.C. praying for a direction upon the police to investigate and act based on your complaint,

3. If you do not get any fruitful result, you can file a Writ Petition before the High Court against police and panchayat inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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A. You have to approach the Village Panchyath  for removal of this nuisance. 

B. In case the Village Panchyath fails  to take against the same, you can lodge the police complaint under section 268 of IPC for public nuisance. You can also approach the Court to instruct to police to take action with respect to the same if the police fails to lodge the complaint.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
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File an application before SDM u/s 133 of Cr.P.C for negligence. you may file a civil suit for injunction against her and get restraining order from court if after restraining order the person is not ready to stop all these things then file a contempt of court petition.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0

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