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sunkara venkatesh (SE)     15 July 2021

unauthorized speed breakers

sir \madam,

our neighbours are trouble makers. they always make nuisance in colony. they installed two illegal speed breakers in front of there house at both ends and we face problems crossing them while driving especially old men and women . on our compalint municipality came remove breakers but our neighbour appeared in scene and obstructed to remove breakers and argued with us.
plz guide to move next steps and need to know is there criminal case applicable to file against them so that they will learn a lesson .plz reply


Learning

 6 Replies

Dr J C Vashista (Advocate)     15 July 2021

File a writ petition in the High Court for issuance of writ of mandamus to remove illegal speed breaker(s).

Consult a local lawyer for better appreciation of facts, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     15 July 2021

Take photographs, names of such victims and make a simple online Police complaint and also to local authorities like Municipality/corporation/R&B.  For Speed breakers, there should be due permissions, approvals, and specifications and only authorities can erect with all those formalities.  If you can afford financially in the larger public interest, after one month, if the structures are not removed, file a simple case against the neighbor, police, and authorities who failed to respond and claim compensation and costs.

P. Venu (Advocate)     15 July 2021

Is the road, public or private? If private, who is maintaining the same?

Sreedhar Sunkara   22 July 2021

The Road is public road, As per norms, the complaint is raised to remove speed breakers. but on the objection of the neighbour(the owner of speed breakers) municipal authorities were hopeless and suggesting to resolve the issue amicably. But the neighbour is litigant and a solution is not possible. Sir The Municipalit authorities sent small dozer to remove speed breakers but neighbour wife and husband objected driver of the dozer to move away, this incident is recorded in cc tv footage. The keep happened two times, other time same neighbour objected works of jio fibre which is part of the municipality. Not only speed breakers they constructed a fence with the door locked and polls for the garden in public road. Now question is  are neighbours punishable and what is the procedure?

G.L.N. Prasad (Retired employee.)     23 July 2021

This is your query: Now question is  are neighbours punishable and what is the procedure?  

These are the facts stated by you:"The Municipalit authorities sent small dozer to remove speed breakers but neighbour wife and husband objected driver of the dozer to move away, this incident is recorded in cc tv footage. The keep happened two times, other time same neighbour objected works of jio fibre which is part of the municipality. Not only speed breakers they constructed a fence with the door locked and polls for the garden in public road.

The basic fact is: The Road is public road.The Municipalit authorities sent small dozer to remove speed breakers but neighbor wife and husband objected driver of the dozer to move away, this incident is recorded in cc tv footage

No one is bothered about likely punishment for erecting the fence and speed breakers for a public road and Municipality authorities have shown their concern.

The focus should be on removing fences and speed breakers The municipality is involved as it is a public road.  Make a collective effort for bringing pressure on Municipality for filing such criminal cases against as they have obstructed public servants twice by trespassing and making a nuisance. Also, meet the Commissioner and Police chief in that area, submit memorandums and give adequate publicity through MEDIA to get support and sympathy.
 

1 Like

Sreedhar Sunkara   23 July 2021

Thanks Sir, 

 I am interested to move this matter to court because the speed breakers are constructed in such a way the rainwater stagnate for 15 days after each rainy day before my house. His house surroundings are good, but every day I have to walk through rainwater and my tenants are facing inconvenience too. Some even choose to shift house, i can not bear the loss of this. Please advise me under what section can file a criminal case on neighbours so that they will not repeat it. By putting pressure they will remove sped breaker for time being but in feature, they may repeat it again. Each time it may not be possible for me to a win-win situation. I need a permanent solution. 


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