Sec.133 Cr.P.C Removal of Nuisance

SHYAMSUNDAR (Querist) 24 December 2009 This query is : Resolved
Dear Members,

There is an encroachment on Public road since several years next to slum. The road has now become too narrow hence the heavy vehicles cannot enter inside. This is causing annoyance to public and last month there was a fire mishap and the firebrigade could not have access to the place of incidence.
I have decide to apply in personal capacity u.sec.133 of Cr.p.c for removal of the encroachment as i reside nearby to the subject matter.
Please let me know if any applicable Citations.
Thanks in advance.

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adv. rajeev ( rajoo ) (Expert) 24 December 2009
It amounts to civil nature suit, it is not criminal. First you issue notice u/s 80 of C P C to the municipality to remove the encroachment by giving 60 days time. If they failed then file a public interest litigation.

Arvind Singh Chauhan (Expert) 24 December 2009
Yes you have applied short cut and fine. Another remedy suggested by Rajeev Sir are also help full but are very exhausted. If you don't succeed in 133 Cr.P.C. Remedy suggested by Rajeev Sir are available. In 133 You need no citation it is clear law. At first you have prove that it is public path. Secondly nuisance have been created. I think SDM or DM would inquire and order to remove the nuisance.

bhupender sharma (Expert) 24 December 2009
u may file a writ petition before the high court seeking the relief as claimed by u if the action by the SDM is not initiated in this regard or may file a PIL as the same might have been affecting at large.