Photos to lodge a complaint.
AAVADHOOT. D
(Querist) 28 July 2013
This query is : Resolved
Respected Sir(s)/Experts,Regards,
Next to my house neighbor has constructed a illegal structure and converted the part of a house as a mandir.He takes out a jatra for a day putting pendal on the road for a week (400ft x 15 ft)etc by giving ad in the paper,serving food,beating big dhols,loud speakers from morning to night etc.causing nuisance.He had taken permission on the 11th hour this time in spite of, I and neighbors have complained jointly mentioning perpetually to the Commissioner of the Corporation,Police and DC. No action was taken.I have complained against unauthorized building (including no set back)which he has constructed and I have attached Photos of that building taken from the road and my premises, to make my point and convince before the inquiry officer being conducted by the corporation.Hearing was on 24th july
Now the neighbor has filed Police complaint on this 25th immediately after that hearing against me, stating,"I am taking photos of his premises by tress pass without taking his permission and causing harassment by filing complaint and trying to complain to the corporation(where Inquiry has already begun). Infringing my privacy and right conferred by the Constitution.Therefore action against me be taken with lodging of FIR."
Today Inspector had called me and neighbor and told me not to take any photos and lodge only complaint on the piece of paper(which they are not acting on)/not to harass him & wanted me to give the same in written there and then.Why are you bothered of what he is doing in his premises.
I have told him in written that I need time to reply and give my written say by 31st.He refused to give me copy of the complaint. He said, now you will have to be arrested etc.He has given notice in written that you have to appear on 31st in writing.
Sir, Have I done anything wrong? Do I have no right to convince and support complaint by the help of photos? I have never entered his premises or touched even.Only where violation/nuisance event has occurred, I have 2 snaps and few of that jatra on the road before my house.Police say its crime to take photos of others' premises.
Please guide me what should I do? and what I have to give in writing to avoid sufferings/harassment.Will this affect me as I am persuing my LL.B. Kindly opine sir I will be thankful to you.
Advocate Ravinder
(Expert) 29 July 2013
There is no wrong of taking few photos, but you should not enter into his premises. It will become criminal tresspass.
However, you do not take risk into your hands. You go by law. First of all give complaint to the local police and copies of higher authorities and Municipal Authorities.If they do not take any action file a writ petition making your neighbour, Police and Municipal as respondents in respect of encroachment of public road.
Simultaneously you can file civil suit against your neighbour, where you can pray the court to permit to appoint Advocate commissioner to take the photos and to do site inspection of nuisance causing to you.
