Public nuisance
Guest
(Querist) 10 July 2011
This query is : Resolved
One tea stall vendor is running his shop illegally by encroaching some govt. land next to our front yard wall. He has occupied almost 2/3 of or front yard wall, leaving us just the passage to enter our house. He has been running this for last 7-8 years.
We complained this to local municipality. But no action was taken from their side.
Since me and my brother work outside of the state, we couldn't follow it up with authority regularly.
Now he has kind of consolidated his place, and creating all kind of nuisances.
Now he is also claiming that he has a valid license to run the shop..
But from our friendly sources, we got to know that he has got a license for some other land, but since his business runs profitably here, he says to everyone that he has a valid license to run the shop.
I have recently filed a RTI with municipality to provide documents related to its license, and waiting for that.
As far as I know, the standard legal procedure to evict him might be slower. So while we file a case in court, he may continue to run his shop peacefully for years till the judgement given.
Please let me know what are the legal steps that can be taken to evict him at the earliest?
Thanks
mahendrakumar
(Expert) 10 July 2011
rti was a good step in the right direction.
wait for the rti result.if no outcome within the time limit,file first appeal.
before proceeding further,access the risk in volved as you are away. try to involve others in the locality too.
Guest
(Querist) 10 July 2011
Thanks for such a quick response.
I am waiting for RTI result. I am already trying to bring this to attention of local corporator and few others.
RTI will make things more clear.
I hope, these people might convince him to leave the place. If it doesn't work out, what steps I can take?
prabhakar singh
(Expert) 10 July 2011
YOU CORRECTLY ASSESS THE SITUATION OF REMEDIES.PERSUADING THE EXECUTIVE SIDE WOULD BETTER OPTION THAN A CIVIL SUIT,IN CASE HE DOES NOT HAVE LICENSE FOR YOUR SPOT.
BUT IN CASE HE IS FOUND TO HAVE ONE,YOU SHALL
HAVE TO FILE SUIT IMP LEADING municipality ALSO.
SAANJAAY GUPTAA
(Expert) 10 July 2011
after obtaining the RTI result n if it favours you make complaint to municipal authorities and also to the head of police in your area stating the same and obtained order from the executive magistrate.
