The common footpath is misused by my neighbour for the sake of his ten

640 votes

If a speed breaker is constructed on a common/public footpath, the affected users may submit a written complaint to the concerned Municipal Commissioner or competent local authority seeking immediate inspection and removal/modification. A complaint may also be lodged through the municipal grievance portal, with photographs and other supporting evidence. If the footpath falls under another department, such as Roads & Buildings, the complaint may be addressed to the concerned authority.

Advocate Tejaswi Punnamaraju LawRato

847 votes

you may complain to the municipal authorities if it is under municipal limits or corporate limits, as the case may be, prepare a complaint and let the authorities know the situation immediately. talk to me for any more information with regard to the issue you are facing.

Advocate Surendrababu Kuruguntla LawRato

849 votes

Namaste, I understand your frustration. Speed breakers built by a private person on a common footpath are illegal, and the law gives you clear remedies. In practice, though, the real relief is getting them removed quickly. Criminal punishment for this act is limited to a fine. You can take these steps. First, give a written complaint to your Municipal Commissioner or Gram Panchayat Secretary, whichever controls that footpath. Only the local authority can permit speed breakers. Unauthorised ones can be removed as an encroachment, and the cost can be recovered from him. Second, you can file a petition before the Executive Magistrate, usually the RDO or Tahsildar, under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023. That section deals with removing an unlawful obstruction from a public way. The Magistrate can order him to remove the breakers within a fixed time. If he does not comply, he faces further action. Third, obstructing a public way is an offence under Section 285 of the Bharatiya Nyaya Sanhita, 2023, punishable with a fine up to five thousand rupees. Public nuisance is also an offence under Sections 270 and 292. You can complain to the police or the Magistrate. If anyone has been injured because of these breakers, inform the police immediately, as more serious provisions may then apply. Fourth, if the footpath is a private common passage, for example in a layout, colony or apartment, the proper remedy is a civil suit for a mandatory injunction directing him to remove the breakers, along with an interim order. Please tell me whether the footpath is public or a private common passage, and whether anyone has been hurt. Keep photographs and the names of witnesses ready.

Advocate Naresh Gaddapati LawRato