Hello. We have a property here in Bangalore. We run our businesses on that land. One of the businesses has been registered as a private limited company and the other is recreational in nature, for which am in the process of procuring a license. But the owner of a neighbouring plot is trying to clear off the path and build a compound wall in such a way that the only path to our land will be blocked. Our livelihood runs there and this man is said to be powerful. How do we handle such a situation.
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1) issue legal notice to owner of neighbouring plot owner not to erect a compound wall blocking entrance to the plot .
2) if owner refuses to listen move court and obtain an injunction restraining the said neighbour from construction compound wall on said path
3) also file RTi application with local municipal corporation as to whether said path way form part of municipal road . also obtain copies of building plans if any sanctioned of your neighbour for adjoining plot
Thank you so much for the response sir. But you see, we had already resorted to these measures last year. But since he is a powerful person, things are going slow. I have one question. Right now his work is really picking up pace. If the path to our plot is blocked, say tomorrow, how do we handle it? Because, courts are a process. What is our best course of action if we are in such a situation?
1) did you move court for an injunction restraining owner from construction on the open pathway?
2) whether ad interim reliefs were refused?
3) is suit still pending?
4) the best option is to take photographs /video recording of on going construction .
5) contact local lawyer and move court immediately for urgent ad interim reliefs and for maintenance of status quo
6) you can also file police complaint against the owner for encroachment on common pathway .
7) if no action is taken by local police station file complaint with Supdt of police copy to police commissioner .
8) file complaint before Magistrate under section 156( 3) if police refuse to prevent un authorised construction .
You can immediately file a suit with injunction and asking to give way and to clear all the blocks caused by the neighbour and take an advocate commissioner to report the matter. Give a police complaint for the same.
Your queries have incomplete details regarding court process. However I would like to draw your attention from
following remedy viz.,
A. You can approach the jurisdictional court for injunction against him towards easement right.
B. Kindly check village, city map or CDP ( COMPREHENSIVE DEVELOPMENT PLAN -2015) whether this road reserved for public utility or not ?,
C. Thereafter, you can lodge the complaint before the Police Station under Section 268 of IPC ( Public Nuisance).
D. In case, if the police officer intentionally avoids to take complaint against him due to influence, you can send the complaint by Registered Post to Superintendent of Police.
Lodge a diary to the police and file a suit for Declaration and Injunction in Civil Court where at the property situated.You can also file a Case u/sec.144 Cr.P.C. in Executive Magistrate Court.
Hi,
follow these procedures as Experts above have already advised . If the road is sited as a path for public use in the
City map ,as per CDP , this can be also checked online. you have all the right to have a clear road and it is your easement right to way to your property which can not be infringed by any intruder.
Hope that your court procedures were aimed to get an interim injunction. Definitely you can seek the intervention of police and they are bound to protect your right. if influence of the opposite party is the reason for all delay, approach Media or NGO and bring it out as issue which object your rights.
issue legal notice to owner of neighbouring plot owner not to erect a compound wall blocking entrance to the plot and if owner refuses to listen move court and obtain an injunction restraining the said neighbour from construction compound wall on said path
1. You have the right to ingress in your plot which can not be denied to you,
2. Is the said pathway is the only way to reach your plot?
3. If yes file a petition before the court for the said right and also file a petition u/o 39 Rule 1 & 2 praying for a stay order on your neighbour restraining him to construct any further & block your ingress,
4. If that is not the only way to reach your plot and the said area belongs to your neighbour, then you have no right to claim other's land to be used for your commercial or personal purpose.
