File Poluce complaint Against your neighbour
if he refuses to remove issue him legal notice to remove car parking done on road as it is hindrance for movement of vehicles
Our Area comes under BBMP Limits, and our Road is merely 25-30 feet wide road, My opposite neighbor is parking their Innova & one more small car in front of their house (30 X 40, 2 floor building, with ground floor meant for parking) there by consuming 20-30% of the road, in this almost Innova will be standstill that means they use very rarely. this causing problem for usage of my car (Maruthi zen), as I can not take U Turn and vice versa (our Road is Dead end road), as we requested politely not to park 2 cars & specially big cars on the road, they didn't obliged. as this is a day to day affair, its become nuisance whenever I want to use my car, parking or taking out etc., so what would be the better option to deal with it.
File Poluce complaint Against your neighbour
if he refuses to remove issue him legal notice to remove car parking done on road as it is hindrance for movement of vehicles
You need to first file police complaint in the same for nuisance and later approach court if required.
Hi, Lodge a police complaint against owner and also write a letter to the BBMP for parking the car in the Road. Suppose if the police and BBMP has failed to take any action then you can file a Writ Petition in the High Court of Karnataka.
Send a legal notice with averments of nuisance to you and your easementary rights. The law with regard to parking in front of the houses in pending before Government which when becomes operational, the Govt. Will levy parking fees.
Dear Sir,
You may get issue a legal notice and threaten to approach the Civil Court
OR
How to File a Harassment Complaint Against a Neighbour
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 –
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.
THE KARNATAKA POLICE ACT,
(similar State Police Act also existing in each State)
Punishment for cruelty to animals.—Whoever cruelly beats, goads, overworks, illtreats, or tortures or causes or procures to be cruelly beaten, goaded, overworked, ill-treated or tortured any animal shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees, or with both. 94. Punishment for willful trespass.—(1) Whoever without satisfactory excuse willfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or appropriated to public purposes, or on any vehicle or vessel, shall, on conviction, whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees. (2) Any Police Officer may, on the information of any person in possession or in charge of any dwelling house, premises, or land or ground attached thereto, or of any ground, building, monument or structure belonging to Government, arrest without a warrant any person alleged to have committed therein or thereon any offence punishable under sub-section (1) of this section.
You are advised to address your grievance before Road Cutting, expanding and development department of BBMP and seek redressal over there. In case if BBMP fails to redress your grievance then you may approach competent Civil Court or High Court of the Original Jurisdiction.
you can approach the court for restrain his obstruction. Then the court will restrain the illegal acts subject to proof of obstruction.
He has parked his car on the road and not occupied anyone's private property.
You are also parking your car in the road hence you cannot object to his parking.
You may not have any legal remedy to this until and unless you park your car elsewhere and then claim that his parking creates nuisance to public and submit an application to the local civic body.