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Oshion   06 February 2016

Complaint for throwing dirt

Dear learned members,

Neighbour harassing through his servant by occassionaly creating nuisance, occasionally trespassing through property, etc.

Specifically, at night his servant entered the passage of house premises and threw human excreta and the same got recorded in CCTV although the servant denies throwing the same.

There is provision in SC/ST Act "to cause injury, insult or annoyance by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood" however, the victim is General category and not SC/ST then what is the legal remedy under which provisions of law? Is lurking house trespass at night also applicable?

It is very repelling for the residing family. Kindly enlighten with available remedy. Thanks in advance.



Learning

 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

Your remedy requires intervention of both civil and criminal procedures . An injunction suit restraining him from carrying out such activities in future ought to do the trick . In addition to that a criminal case under the provisions of mischief and trespass should ensure that they don't cross the line . Since you have cctv footage the case should be strong . 9999931153

Oshion   06 February 2016

@Augustine Chatterjee Thanks for the response.


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