Protection
Prasad
(Querist) 27 April 2014
This query is : Resolved
Respected Madam/Sir,
I am a widow aged 62 years and surviving on my late Husband’s pension, who was working in Indian Railways. Myself & my son are staying in this House since July 2006.
Our next door house (House no. 2/182) has been lying vacant & abandoned for more than 20 years, as per public information. It was kept locked all this time and apparently belongs to some Brahmin family.
Two people are now trying to occupy this Agraharam house (as per public information, they have not registered the house) & are creating nuisance to us and jeopardizing our peaceful stay in our house. They came to next door house around January 15th. As per information, by the end of January, they started renovating & repairing this house, as we were away inBangalore.
On 22nd January, we went to Bangalore to visit my daughter & son-in-law. On 27th January, I fell down in Bangalore & underwent a surgery for my left hand wrist, which got fractured, and I had to take long rest there. I returned back to Kalpathy along with my son, daughter & 4 year grandchild on March 12th, 3 AM, early morning. We were shocked to see the condition of our house, as our entrance was fully blocked with Cement, Sand & Jelly and my son’s motorbike was fully covered with Cement & Mud, thus unable to enter our own house. We had to wait outside for one hour & were totally helpless. My grand-daughter was continuously crying for 40-45 minutes, as she was hungry & feeling sleepy. Later at 4 AM, we somehow managed to enter our house by squeezing ourselves forcefully. We were informed later by general public & passers-by, that all this building material was lying there for more than one month in front of our house.
After entering our Agraharam house, we have noticed the following damages caused, because of their renovation, repair & construction going on & all these were done, when we were away, in Bangalore and not physically present here :-
1. A large wooden beam (Kazhukkol) has been illegally inserted & thrust through our upstair room exterior outer wall without our knowledge & permission. It has been deeply penetrated through our property. They also chiseled front & side portions of our walls to insert this beam, thereby damaging our upstair room & property.
2. The wooden sheet (roof covering) of our 4th room (Bed room) has got damaged & shaken. The nails have got dislocated from their original position in this sheet & large gaps have been formed within & it has got displaced from its original position. It rained heavily on 12th April night till 13th April morning. Water seepage took place & many parts of the room got drenched in water. We found it very difficult to sleep in this room on that day.
3. Our Pooja Room wall has got damaged & broken.
4. The latrine pipe (large waste pipe) connected to the end of our backyard has been damaged by their workers as they encroached into our compound & started extending the compound wall. They jumped into our compound for enlarging the compound wall & damaged the pipe by jumping on it & standing/stepping over it (placed/passing on the ground).
5. We had placed/ fixed Electrical fittings & bulb on the backyard of our house, as we have a bathroom & Indian toilet there. We got a bulb & its case covering fitted on the earlier compound wall. The workers while constructing the new compound wall, jumped into our house backyard from their side and damaged/broke the Brick fire Kiln (used for boiling water), broke our bulb, threw & damaged the case covering, wirings, fittings etc. on the ground, without taking our permission or informing us (thereby intruding into our house).
They are not at all bothered to repair the damages done to our house or compensate in full, in spite of our repeatedly informing them.
They have not taken any NOC (NO OBJECTION CERTIFICATE) from us, before getting their house work done. In our absence, they jumped /encroached into our compound & got all their work done. They are now constructing a RC toilet & bathroom (as per public information they have not taken any approval) in the backyard of their house.
Madam, my left hand is incapacitated & I am in pain. We humbly request you to please salvage us from this nuisance, get our house restored to its original position & help us get compensated for all the damages caused by them.
Madam, I go to Bangalore to visit my daughter on frequent intervals and sometimes go to various temples for pilgrimage at different places with my son.
After the above mentioned incidents, I am really scared to leave my house & go out-station in future; as now, I am under fear that these people may try to intrude into my house & again cause damages or breakages to my property, thereby trying to harass me etc. Therefore, I pray to your good selves to please provide me necessary protection from your side.
Thanking you,
Yours truly,
Devajyoti Barman
(Expert) 27 April 2014
Unfortunately this problem is going to stay for sometime unless you teach them a hard lesson which can only be done by bringing both civil and criminal prosecution against them.
Do contact a local lawyer and file cases against them.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
I agree with Mr. Barman on his views about the issue. Contact a local lawyer, lodge a complaint with the police for their continuous nuisance and also issue a legal notice to them demanding compensation and repairs to the damaged part of your house due to their construction activities, if you do not get any proper reply, you may file a suit for permanent injunction against them restraining them from carrying out further construction and also for claiming the costs towards the damages caused by them so far.
