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Police not Filing FIR making excuses Have met the ACP SHO
30-Oct-2023 (In Criminal Law)
1. Unauthorized construction in DDA Flats by second floor has developed cracks and cement pebbles fall from it into my veranda cum entrance of my flat(I am living in Ground Floor).
2.MCD had registered the case and they passed Demolition order on Nov 03,2005 but since they have been manipulated by the flat owner with unauthorised construction they are doing nothing and using Delhi Act(Special Provisions) Act from 2007 till now not to act.
3. I have approached the Police to file a Criminal Complaint that is FIR, but they are refusing making one excuse or the other not to act.
4. So what can I do now since I am living in great fear and stress as the unauthorized structure can cause more and more damage with passage of time.
hello client as you are saying it's really a great fear for a normal human to live in this condition of fear tht anything can happen in the home any time as a misshapening in the home so in this matter u are having a only having single remedy to prevail tht is the legal action by the help of court the best way you avail. and stop the fear of Ur life and family as well
Helpful?
13+
13+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Hi,
In this respect. You will have to provide substantial proof that such construction is un-authorized in the first place. This would mean, the attachment of photographs, videos etc and file an application before court under the relevant sections of the CrPC' Directing the police to register the FIR' and take action.
The Court shall then direct the Police to take action and register an FIR.
However by the initial perception, it appears your case is more of a public nuisance than any other determinant. You should file a complaint with the Police and thereafter file a complaint with the Sub Divisional Magistrate of the area. He will issue notice under Kalandra to the opposite party and thereafter your case can proceed. However, I would need to see the extent of damage to determine which would be appropriate course of action.
In this respect. You will have to provide substantial proof that such construction is un-authorized in the first place. This would mean, the attachment of photographs, videos etc and file an application before court under the relevant sections of the CrPC' Directing the police to register the FIR' and take action.
The Court shall then direct the Police to take action and register an FIR.
However by the initial perception, it appears your case is more of a public nuisance than any other determinant. You should file a complaint with the Police and thereafter file a complaint with the Sub Divisional Magistrate of the area. He will issue notice under Kalandra to the opposite party and thereafter your case can proceed. However, I would need to see the extent of damage to determine which would be appropriate course of action.
Helpful?
11+
11+
Adv. Anuj Nair
Delhi | 200+ Answers
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