ENCROACHMENTS,
aman kumar
(Querist) 15 October 2010
This query is : Resolved
THERE IS A GENERAL PRACTICE OF PERSONS THAT THEY USE LAND OF OUTSIDE HOUSE AS LOWAN & MAKE A BOUNDARY OR RAILING SO ROAD BECOME NARROW TO USE OF OTHERS
MANY PERSONS ENHANCE HIS /HER UPPER ROOF AREA OUT OR HIS /HER LAND ON THE ROAD
WHAT IS THE SIMPLE REMADE FOR SUCH TYPE OF WORK. IF MUNICIPALITIES & DEVELOPMENT AUTHORITY IS NOT DO ANY THING ?
Chanchal Nag Chowdhury
(Expert) 15 October 2010
U can do very little if there is no encroachment & is not violative of MUNICIPAL RULES. If there is any violation, complain to the MUNICIPALITY.
If everything fail, U may approach the civil court adding the MUNICIPALITY as a Party. However, check the local MUNICIPAL law as to whether there is a provision for complaint in the Act itself as nowadays,MUNICIPALITIES set up there own Tribunals for such problems.
pawan sharma
(Expert) 15 October 2010
this Promlum is in publice interest, you put very good Q.
for the same the PIL is a best option.
Parthasarathi Loganathan
(Expert) 15 October 2010
This is the national level trauma gripping right from Gully to Highways. Though local civic laws are stringent they are ineffective. Respective DMs or Collectors should evict such encroachments lawfully and impose strict penalties to such offenders. That is the only solution. You can raise this issue directly to the district head.
Sri Vijayan.A
(Expert) 18 October 2010
1.No law of any municipal administration allows such projection in the floors above the ground or the occupation on the ground.
2.It is clearly encroachements whether it is on the ground floor or above it.
3.As Mr.Parthasarathi Loganathan said, the municipal Laws and other laws are stringent, but the problem is in the execution.
4. As such, if you are affected by such encroachements, you can directly comlaint to the civic authorities
5. Otherwise PIL is a right solution