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Neighbour occupied and further trying to occupy our private road


16-Jul-2023 (In Civil Law)
Our neighbour has been trying to occupy space in our private narrow road which only provided to us for way in and out. First they built a balcony on our side then they built a room on that balcony that time we tried to report against them but police refused to do that and told us they can do anything above 10 feet and this happened 15 years ago on that time we were helpless so we couldn't do any further. After they did a lot of things towards our side as we are in the back and his property is in the front like he put an exhaust fan in the back and all the smell comes to our side and he has installed a window AC and pillar in the back on our side and it is giving us mentally disturbance. Can we take legal action against them without reporting to the police?
Answers (4)

Answer #1
803 votes
You seem posting the same question every day… I am sure we have told you before as well that you have to click evidences like pictures and videos of that the passage and the kind of encroachment they have done …and then you have to hire one advocate who will legally draft your complaint and forwarded to MCD or to the concerned department and if that doesn't work then you have to file a suit in court. Thank you and be in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #2
860 votes
First, you should file a written complaint with the city’s superintendent of police (SP), where the property is located. In case the SP fails to acknowledge the complaint, a personal complaint in the court concerned can be filed. You could also file a police complaint about the same. Keep a copy of the FIR safe for future references. The authorities will be obliged to take action under Section 145 of the Code of Criminal Procedure (CRPC). You could seek relief under Sections 5 and 6 of the Specific Relief Act, under which a person dispossessed of his property may recover his right, by proving previous possession and subsequent illegal dispossession.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #3
581 votes
yes u can approach the court of law and claim ur right of easement... You can file for injuction In the court of law thereby preventing them to cause nuisance to you by way of exhaust and AC... you can take action against them in court of law
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Advocate Rohit Manan

Adv. Rohit Manan

LawRatoDelhi | 100+ Answers
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Answer #4
868 votes
You can always file a suit for permanent injunction for the stoppage of any work which is going on or which is causing hindrance to your day to day life. But first of all you need to issue them a legal notice regarding your grievances. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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