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Misuse of govt property by private contractor causing public nuisance


22-May-2023 (In Civil Law)
Under what all charges shall the RWA of the area should file a case of harassment compensation against the private contractor who is misusing the property licenced out to him by govt ? Should the civic agencies police department be booked too as they have not taken any action after the RWA complaints ?
Answers (3)

Answer #1
546 votes
Query perused. I would advise you to engage a lawyer and file a case under section 133 crpc before the Special Executive Magistrate.Section 133 of CrPC allows the magistrate to order removal of the nuisance causing agent or activity from the locality provided that he is satisfied that the nuisance affects or injures number of people enough to attribute ‘public nature’ to the right being violated, the dispute is not of private nature, between two members or groups of public or the dispute is a case of emergency or imminent danger to public interest as in cases of pollution by industries. For further consultancy and legal services you may contact us.
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Answer #2
681 votes
You can file writ petition in hoghcourt directing the appropriate authorities to tale action against him. You can certainly tale the authorities to task. If there is corruption, than you can lodge complaint against the persons involved.
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Answer #3
887 votes
Hello, The RWA shall first send a properly drafted legal notice to the private contractor asking him to refrain from misusing the premises or he shall be liable for the consequences. The legal notice shall cover all the averments. Feel free to contact Madhav Nanda Advocate
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