Nuisance and harassment by neighbor. Neighbor filed police complaint.
17-Jan-2023 (In Civil Law)
My neighbor is harassing me because there is a iron stairs outside our house and he has already file a police complaint and police is asking to pay fine or it and he is doing so because he was running factory because of which there was lot of noice and nuisance so we complaint about him, how he wants to take revenge because of that incident
The police has no right to interfere in civil matters therefore they can be penalized for the same.Therefore if you have iron stairs its your outlook untill and unless its not illegal encroachment therefore your neighbor has no locus to complaint about the same.Therefore you can instantly file a suit for damages and injunction against him as you are the absolute owner of the property .Therefore you can also file a criminal complaint against him and the corrupt police officials.Rest contact for further details.Thanks
The questions which you need to answer are:
1. Whether the iron stair were erected / build in compliance of Building Bye Laws, if so, than nothing remains with respect to payments of fine. Primarily when you get a building plan approved before construction then the approved layout should include the stairs or if they are constructed/erected later on permission should have been sought with local authorities.
2. What is the status of the complaint which you had filed with respect to noise and nuisance because of the factory. if the nuisance still pertains than legal remedies are available such as suit for permanent injunction or a writ in case no action have been taken in your complaints.
After perusal of the relevant documents available with your good self with respect to the approved layout plans, any queries remains, then you can get in touch with us.
Thanks!
1. Whether the iron stair were erected / build in compliance of Building Bye Laws, if so, than nothing remains with respect to payments of fine. Primarily when you get a building plan approved before construction then the approved layout should include the stairs or if they are constructed/erected later on permission should have been sought with local authorities.
2. What is the status of the complaint which you had filed with respect to noise and nuisance because of the factory. if the nuisance still pertains than legal remedies are available such as suit for permanent injunction or a writ in case no action have been taken in your complaints.
After perusal of the relevant documents available with your good self with respect to the approved layout plans, any queries remains, then you can get in touch with us.
Thanks!
Sir, in this situation more disclosure of facts are required as to know about which area are you resident of. It depends on the master plan or bye-laws of that particular area or society, whichever is applicable in your case. Now, if according the master plan or bye laws, you have made an illegal construction, then you will have to pay fine or whatever penalty is prescribed in the bye-laws.
However, as far as fine by police is concerned, don't pay that fine without going through the building bye laws. You can even refer an advocate for that.
However, as far as fine by police is concerned, don't pay that fine without going through the building bye laws. You can even refer an advocate for that.
there are civil things you can do.
First, and this is a little outside my area, but you may be able to go to court and get a civil restraining order that keeps the neighbors from, say, having a noisy party after a certain hour or parking in front of your driveway.
With a restraining order in hand, the police can take action, and even make an arrest that they normally couldn’t.
You can file a lawsuit based on the nuisance the neighbors are creating. But the problem with that is not only the cost of a Superior Court lawsuit, but even if you win the day all you get is another restraining order and a judgment for some money they probably won’t pay.
First, and this is a little outside my area, but you may be able to go to court and get a civil restraining order that keeps the neighbors from, say, having a noisy party after a certain hour or parking in front of your driveway.
With a restraining order in hand, the police can take action, and even make an arrest that they normally couldn’t.
You can file a lawsuit based on the nuisance the neighbors are creating. But the problem with that is not only the cost of a Superior Court lawsuit, but even if you win the day all you get is another restraining order and a judgment for some money they probably won’t pay.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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