Notice against house owner making risky structure

@advocate

Sir, thank you for the reply. Can you please explain a little more like, which court to approach in village areas cases and what else need to be attached with our notice?

And one more thing, is it possible to send a court order without going to that place (e.g. through a lawyer) as we both work outside and can the lawyer represent us in each hearing ?

Thx in advance for your insight in this regard.

Dev

First get facts on record by seeking such approval/permission procedure, documents filed by owner for seeking approval, terms and conditions for giving permission..  You should also get the information on controlling mechanism being adopted by GP like inspection and such controls exercised by competent persons during construction.

Without directives, without pointing facts, without violations, you can not get the case strong.

Then write a complaint to Grama Panchayat, the needed specifications, the deliberate violations that make the structure hazardous to Public, and mark a copy to Tehasildar and collector also.

Wait for a month and then contact local advocate for further needful in the matter.

@G.L.N. Prasad

Sir, thank you for your respose in this regard.

I do agree on the factsheet preparation before approaching any authority. So, as we know he doesnot have any such documents in hand. So, whom to approach for getting this document(s) on record ? As he is not going to co-operate in this. Should we make a police complaint first ?

Your second point of approaching GP would be fine. Will try to go in that way. It seems like very long and streched process. As we know, more involvement of people makes the case more complicated (bribery angle) and lengthy. While in the mean time he is going to erect the structures.

We are looking for some way to put it on hold at once. Getting facts/ figures... informing authorities... getting reply/ dates is definitely going to sour the main purpose of stopping it immediately.

Anyways !! Have to go with the law. Any other suggestions are most welcome !!

Rgds..

Dev

file rti to get relevant facts and proofs and then file an injunction suit

warm regards,

Adv. Nitish Banka

9891549997

Sorry I could not add in my response "Under RTI".  by oversight.  Now the court is on vacation.  In the meantime you can seek such information by handing over application in person and  can demand information as expeditiously as possible.  Because you have stated it is hazardous stricture, there is imminent danager, and you can file RTI Application under LIFE AND LIBERTY CLAUSE, for which SPIO is bound to provide such information with certified copies within 48 hours.  If SPIO fails to provide the information on third day after filing application immediately file first appeal, seek personal hearing, convince FAA and get all the papers as expeditiously as possible.

Thank you very much for more insight to the matter !! @G.L.N. Prasad @Nitish

Sir, We shall definitely approach RTI as adviced by you. Just a couple of newbie questions:

1. Can SPIO be directly asked through RTI act or we have to start from the GP level? I mean bypassing GP, Block, Distt levels is fine with law? And do they really ask information down the line so fast? I mean 48 hrs is quite a less time to get information from 3 levels down in our existing system.

2. Whether online RTI can be as helpful as physical copy of the reply and be challenged in court of law? As it will save more time and energy.

3. And how the GP PIO will state engineering details of the construction? Do Govt has provision to send a civil engineer in these type of cases? And if not how to prove that the structure being made is unfit for holding multi-storied building? As, they will not allow us to carry any inspection by ourself.

Myself also trying to get info from other sources. In the meantime any expert comment here by any group member is most welcome.

Thanks in advance...

Warm regards,

Dev

First file RTI Application to SPIO, Gram Panchayat  under Life and Liberty clause, and at the same time file complaint both to GP, Tehasildar and Collector.  You have to wait only for maximum one week.  All these help you for filing injunction, and Court takes all your efforts into consideration, as you have explored other possibilities before going to Court.

Originally posted by : G.L.N. Prasad
	First file RTI Application to SPIO, Gram Panchayat  under Life and Liberty clause, and at the same time file complaint both to GP, Tehasildar and Collector.  You have to wait only for maximum one week.  All these help you for filing injunction, and Court takes all your efforts into consideration, as you have explored other possibilities before going to Court.

Sir, as our state does not have a SPIO, GP... in this case next better department shall be

1.  Housing and Urban Development Department  >>  Town Planning Department  /  State Housing Board

or

2.  Rural Development  >>  Engg-in-Chief (Rural Works)

or

3.  Home Department

Pls help...

give application to SDM u/s 133 of CrPC for abatement of nuisance.

He has been advised to file RTI.

Not understood :-

(i) RTI before whom - centainly not against private person

(ii) RTI for what information - no sanction plan o fbuilding is necessary in village area.

RTI is a mere information gathering tool and not a grievance redressal forum.

In this  case it can be seen that the owner is not required to seek any permission for construction but on the same time has doe snot get a license to erct unsafe structure.