Please guide me for immediate solution
sankarnath
(Querist) 01 June 2012
This query is : Resolved
I am Suvra Dey, wife of Late N.R. Dey, aged about 69 years, permanently residing near Howrah Maidan, Howrah, West Bengal, where I partly owned and occupied one part of G+2 Building (50% of first floor with common water, stair, and other amenities). I live with my 2 sons presently in the said Building presently. Partition deed was executed in the year 1980 among my husband and his two elder brothers. After his demise we have inherited as the respective legal heirs. But second floor owner/occupier (son of one late elder brother of my husband) continuously disturbing us regularly with an intention to evict me and my sons from there permanently. Their main purpose is to promoting the said building with the help of some politically motivated and financially strong Promoters. Those are not coming to the front.
I had another son (total 3) who already expired in December, 2008 by committing suicide due to continuous disturbance and pressure from second floor occupiers hampering our peaceful living by obstructing us from repairing work, maintenance, necessary water connectivity resulting mental agony; he was completely frustrated and depressed. On the time of Police investigation my youngest son verbally conveyed the Police cause of death. But as the said second floor owner is our relative, I failed to lodge any written complaint against them.
There is a totally dilapidated long cantilever balcony to the second floor hanging on the first floor, sloped towards the wall. The said balcony is under the open terrace. At the time of raining first floor roof gets continuously damage by absorbing the rainwater. Under the said second floor balcony is the first floor balcony also the sole entrance to first floor bathroom. I am the first floor owner and occupier. In this situation the chartered structural engineer report it as totally irreparable and any time it may collapse dangerously. He advised it should recast urgently through demolition. But opposite party obstructing to do the same and filed on 03-02-2010 a case under sec 144 Cr. P. C against us before the executive magistrate Howrah for stop our repairing work. But after the police report of actual fact magistrate passed the disposal order on 18-08-2010 as “Both parties filed hazira. Opposite Party filed written undertaking. The Case amicably settled. The Opposite Party gave written undertaking that after demolishing the dilapidated balcony on the second floor which started from the South-West and ends at the South-East of the said property will be recasted after repairing. At the same time in order to prevent any breach of peace the FP should not obstruct the demolition works. Both the parties are directed to maintain peace. The case is disposed of.”
After the said Order, Opposite Party told me to collect the municipal permission. But after taken the permission they further started such type of physical obstruction and harassment. We have already taken the Howrah Municipal Corporation repairing permission along with Safe and Secure Notice (Sec. 174 & 180 of Municipal Act). But unless and until getting the police help I am unable to execute the same. Opposite party also obstructs us to install the personal water reservoir beside the common dilapidated water reservoir on top roof. But they have already installed the same for their personal use. There is no specific provision of common passage as an access towards the roof through the Second Floor acquired fully by the said Opposite Party in the above mentioned Partition Deed. I filed General Diary with concerned Police Station in January, 2012. I am a senior citizen, ill health, helpless, widow.
Now in this situation how I get the speedy solution. May I resort to the Article 226. Please suggest me. Thanks in advance.
ajay sethi
(Expert) 01 June 2012
you should contact a local lawyer immediatedly . you cannot file writ under article 226 . in your case muncipal corporation has granted you permission to carry out necessary repairs . your cause of action is aagainst your rlatives who are harssing you . it is in your iterest to obatin injunction against those relatives restraining them from obstructing you in carrying out repairs
Deepak Nair
(Expert) 01 June 2012
Agree to the views of Mr.Ajay
R.K Nanda
(Expert) 01 June 2012
Take the help of lawyer.
J K Agrawal
(Expert) 02 June 2012
You already have an order under s 144 of Crpc and you need compliance of order only. Just inform the police and start work. If they obstruct you, Go to the same Court where the case of s 144 was settled and file an application of execution of it. The Court will bound down them and you will be free to carry on repairing work.
Shonee Kapoor
(Expert) 02 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
