quesNeighbor doing construction. Blocking usage of road. What can i do?

My neighbor is constructing his house and he has put all the building material on road, which has caused blockage on the road. I live in the dead end of the road which has only one exit for our vehicles. As the road is blocked by the material on the road, I am stuck inside with my vehicle. One can cross the path only by walking.

 

This is really painful as I cannot take my vehicle out in any circumstances. There are around 15 families suffering due to this. I have politely asked the owner to clear the path but he has deaf ears. He is not ready to take action.

 

Please advise the action I can take.

 

  • ans 

    The actions of your neighbor amount to the tort as well as the offence of nuisance. You have two remedies available to you:

     

    i. Under Criminal Law: 

     

    Register an FIR in the nearest Police Station for the offence of public nuisance under Section 268 of the Indian Penal Code.

     

    ii. Under Civil Law:

     

    File a case claiming compensation as well as damages for the tort of public nuisance by showing the specific damage being caused to you along with the infringement of your legal right to use the road.

     

    Kindly contact us for any further details and action.

     

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