• Contractor dig the land without permission for laying optical cable

Reliance Jio contractor dig the hole in the middle of the land which is 15 feet from the road without our permission.

Can we register complaint against Contractor and Jio infocomm?
What is the procedure?
Asked 7 years ago in Criminal Law
Religion: Hindu

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11 Answers

No such digging is permissible without the written approval of the Municipality or any other local authority.

So first send a RTI to the public authority to know for sure that the telecom services company has not done so.

Once you are informed file a Public Interest Litigation in the high court. Your grievances would be soon redressed.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Where his dig is your property . It is a public property or private?

Rameshwar Dadhe
Advocate, Aurangabad
34 Answers

Hello,

Yes you can file a case in the civil court snd obtain injunction on the same since the activity of Jio is causing harassment to you.

Please see that they have sought permission from appropriate authority or not.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

THIS IS THE PROBLEM IN ENTIRE MAHARASHTRA. YOU PLEASE FILE COMPLAINT WITH CONSUMER FORUM AND OTHER AUTHORITIES. FILE A WRIT PETITION IN HIGH COURT.

THE FOLLOWING NEWS ITEM IS HELP FULL TO SHOW NEGLIGENCE ON THEIR PART.

NAGPUR: Reliance Jio, the private firm erecting 4G masts across the city, has violated many of the 37 terms and conditions laid down in Nagpur Municipal Corporation's permission letter for the project.

The letter to M/s Reliance Jio Infocomm Limited by NMC's executive engineer (project) says the agency digging Nagpur roads or pavements is supposed to display a board mentioning the name of agency, contact person with mobile number, name of vendor etc. But Reliance Jio is not following this rule. Even NMC, which is supposed to ensure that agencies digging up roads follow all rules, seems to be turning a blind eye.

The private firm is digging up roads and pavements to lay cables required for erecting 136 4G high masts at many places in the city. The firm is supposed to follow 37 guidelines while digging up roads and pavements or during horizontal drilling method. But not all conditions are being followed in letter and spirit.

One of the conditions is that Reliance Jio is responsible for taking all safety and precautionary measures, such as display of reflectors, caution boards, barricades, red lanterns etc at night and during the execution of work at site to avoid any accidents or mishaps. However, the company is doing nothing. Another violation is digging of continuous 500 meter stretch.

A case in point is West High Court Road. The patch in front of municipal commissioner Shravan Hardikar's bungalow and even the patch of pavements at Times Square have been dug up. At both sites, it has been weeks since the work ended but road and pavements are yet to be restored. Now these places are turning into accident-prone spots.

Reliance Jio is supposed to inform the concerned zonal office before starting work. Also, trenches for laying the network should be dug up in such a manner as to cause minimum inconvenience to the public. The digging of trenches each day should be strictly regulated so that cables are laid and pits filled up before the close of work that day. "Filling should be completed to the satisfaction of the NMC," states the letter.

"All activities related to the cable laying work shall be completed within 90 days from the date of permission. If you fail to complete the work within this period, a penalty of Rs500 per day will be imposed on you till the work is completed," states the letter.

The letter also clarified that if the agency fails to execute the work as per the permission and agreement made between government of Maharashtra and M/s RJIL on November 20, 2013, the bank guarantee amounting to Rs21,81,55,520 will be forfeited.

Confirming this, a senior NMC official said the civic chief has already issued directives to the firm to submit weekly report to the sub divisional engineer (mechanical) hotmix plant department. He pointed out that Hardikar is very serious about this and assured that action will be initiated against the firm for violating the conditions of the permission.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

1. Lodge a police complaint against the local Manager of JIO or the persons who dug your said land without your permission.

2. If police fails or neglects to take any action which is most likely, file a Writ Petition against police inaction praying for a direction upon police to register FIR based on your complaint, investigate and act based on your complaint and to give you relief and justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

Firstly, you need to know the exact procedure for digging any whole for any purpose.

Secondly, file a complaint in civil law if only creating nuisance for you.

Thirdly, file a criminal complaint for public nuisance if creating problem for all (even if five people or more).

Lastly, contact me for further assistance as I would suggest you a more strong way to tackle it.

Good Luck...|

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can lodge complaint against the contractor and company for digging your land without your permission and seek compensation for mental torture undergone by you

2) file complaint before muncipal corporation abd also with consumer forum

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

To dig the hole in the land the contractor required the permission of the competent civil authority, not yours. So if he has not obtained the permission then file a complaint to the corporation or other civil authority which is competent to sanction the digging.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

In whose property, above Dig done.

Complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

You can file complain against the contractor and reliance jio for illegal encroachment and unauthorised construction.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

If the contractor had dug a hole in your land then you could have objected and taken action to throw the installation out of your land, provided there was no contractual agreement between the company and you.

Neither Reliance company nor the contractor has any rights to encroach or trespass your property.

You can initiate action against both.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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