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Unwanted occupation of passage way


05-Mar-2025 (In Civil Law)
My neighbour had put a large number of potted plants in the common staircase passage. There is no lift in the building and it becomes very difficult to pass. My husband has a problem with walking and it is very dangerous for him because he loses balance and he can get hurt. Despite repeated requests the management does not take any action. She puts plants in the common passage way on purpose to obstruct our passage and irritate us. What can I do?
Answers (5)

Answer #1
949 votes
First of all rather than going legally you should serve him/her a legal notice and in that notice you can write that either stop all these harassments or face legal action which will be at your own risk. After that if he/she fails to give you a satisfactory reply then you can anytime file a complaint in writing to the police station according to your jurisdiction.
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Answer #2
718 votes
The easiest thing to start with is sending a Legal Notice through a lawyer after discussing in detail the facts and circumstances relevant to the issue. You can make the management party to the notice too. Most people yield to a well drafted legal notice. However in case the issue is still unresolved after the legal notice you have two good options: 1. File a case for mandatory injunction 2. File a police complaint for public nuisance and criminal negligence 3. File complaints with the relevant govt departments such as DFS etc and let them take action.
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Answer #3
878 votes
You may want to consider submitting an application under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This provision empowers the Magistrate to issue orders aimed at maintaining public order, which, at the Court’s discretion, could include directing the police to register and investigate the actions of the individual in question. Please feel free to contact us to discuss the next steps.
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Answer #4
650 votes
Send a legal notice for removal of obstruction of your ‘Right of Way’ to your neighbour and the society. A notice will Show your seriousness and will hopefully solve the problem but if they still do not remove the obstruction you’ll have to take legal action against the neighbour and the society.
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Answer #5
649 votes
Firstly send them a legal notice for removing of that obstacles form the passage according to section 33 of cpc nobody cannot create hinderence in the common way it's relates to public nuisance Regard Sandeep Vats Advocate
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