• Littering, displacement of public property

Hi, what are the legal remedies against a resident that displaces public property - in this case footpath stones from a public park - and uses it to block parking in a common street? This would also be littering.
Asked 3 years ago in Civil Law

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15 Answers

For civil action initiate a legal notice. If still problem persists then launch a fir

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Police complaint in area where the non-sensical person is living or in the area where he’s carrying out the nonsense work. 

Harshad Joshi
Advocate, Ahmedabad
55 Answers

File police complaint against accused under section 283 of the Indian Penal Code (IPC) for causing “danger or obstruction in a public way”.

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

Yes you have to show some pictures for proof so that the police can register a case and that person can’t do anything of you. You can add this contention of police protection in the application if the non-sensical person harasses you, you’d have police behind your back.

 

Thanks 

Harshad Joshi
Advocate, Ahmedabad
55 Answers

You need evidence that accused has committed offence

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

Yes you need pictures or videos. You can book him for mischief and public nuisance

Prashant Nayak
Advocate, Mumbai
32693 Answers
208 Consultations

If has done it then proof is required ie pics videos etc. File a criminal complaint before the SDM.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

They cannot be harassed when they themselves are committing a criminal act.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Surely,

Call me on my number available online.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Hi, need to complain the same before the public authorities.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

Dear Ma'am/ Sir,

Since you have stated that such person has been blocking a spot for parking in a common pathway/Street, you can file a case under section 283 of IPC, which states the punishment for someone causing obstruction in a public way or line of navigation.

Thank You.

Anik Miu
Advocate, Bangalore
10299 Answers
121 Consultations

This would be termed as encroaching government property. 

A complaint to the local civic body with evidences  of photographs showing his acts of encroachment can be given  and wait for the action to be taken by the competent authority in this regard, to follow the matter by filing a PIL before high court, if the local civic body fails to render the desired service

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

You need to provide documentary evidences to substantiate your complaint unless your complaint may not even be entertained. 

If he is filing any counter case, you cannot restrict him from doing so, but you can challenge the same on merits. 

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

Hey,

Enclosing the pictures of proof, make a complaint to the police. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

- Legally such type of littering , displacement of public property is an offence and a complaint can be filed by any citizen of India. 

- However, if you having proof of committing the act or the proof that the said stone is a part of footpath then you can lodge an FIR against him .

- If you will take legal step against him alone then there is chances for harassment , hence you should take assistance from more person from the locality and file a compliant commonly. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

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