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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 ?
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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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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How to file RTI against RWA?
RTI does not apply to RWAs because they are not government employees and do not receive a salary. RWAs do not fall under the RTI laws because they are nongovernmental organisations. 19-Dec-2022
How do you deal with RWA?
The Registrar can cancel the registration. You can file for an injunction to prevent the RWA from performing a certain act you deem harmful to a resident. Injunctions can be preventive, prohibitory, or restraining in nature. 08-May-2023
Are RWA rules legally binding?
You can file a complaint or civil suit. As no one has the right to stop the owner from entering, you can file a civil suit or lodge a complaint. If RWA discovers any unpaid debts, it can file a civil lawsuit for recovery in civil court. It cannot make law.
Which act is RWA under?
What is the Resident Welfare Association? A Resident Welfare Association (RWA) is a Non-Governmental Organisation that looks after the interests and welfare a residential colony or society in a city. Residents Welfare Associations (RWAs) are registered under Societies Registration Act, 1860. 30-Mar-2023
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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Adv. Vibhor Agarwal
Gurgaon | 100+ Answers
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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
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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Adv. Madhav Nanda
Delhi | 100+ Answers
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