Obstruction in construction despite obtaining necessary permissions. I have obtained the required permissions from the local Municipal Corporation for constructing my residential building. However, despite providing proper curtain cover to prevent dust and disturbances, my neighbours have been causing unnecessary disturbances and hindrances to our labourers and to the public road during the construction process. I kindly request advice on what strict legal actions or warnings can be issued to my neighbour to prevent interference in my construction activities.
Asked from: Uttar Pradesh
You should submit an application to the Sub Divisional Magistrate under Section 133 of the Criminal Procedure Code (CrPC) to address the obstructions created by your neighbour. Their actions are illegal, as if their rights are being infringed upon, they should file a complaint with the appropriate authority instead of causing disturbances or hindrances on public roads.
Under Section 133 of the Criminal Procedure Code (CrPC), Magistrates possess authority to address public nuisances or wrongful acts impacting the public. This provision enables them to issue orders to eliminate or mitigate nuisances and prevent their recurrence.
Key provisions include the issuance of conditional orders for the removal of nuisances within specified timeframes, immediate orders in urgent situations endangering public health or safety, and penalties for non-compliance with Magistrates' orders.
Additionally, affected individuals retain the right to appeal Magistrates' decisions to higher judicial authorities. Essentially, Section 133 empowers Magistrates to swiftly tackle public nuisances, safeguarding public welfare, safety and removing nuisance causing by neighbour. Obstruction in construction despite obtaining necessary permissions is amount to nuisance. Aggrieved person should invoke section 133 crpc.
Section 133 crpc
Section 133 of the Code of Criminal Procedure (CrPC) empowers a magistrate to issue a conditional order for the removal of a nuisance. Here's a breakdown of the key points:
- Authority: District Magistrate, Sub-divisional Magistrate, or any other Executive Magistrate authorized by the State Government [1].
- Circumstances for Order: The magistrate can issue a conditional order if they are satisfied, based on a police report, other information, or some evidence, that:
- There's an unlawful obstruction or nuisance in a public place, public way, river, or channel.
- A trade/occupation, keeping of goods, or construction activity is causing harm to public health or comfort.
- There's a risk of fire or explosion due to a building or substance.
- A dangerous animal needs to be controlled or removed. [1]
- Content of Order: The order directs the person responsible for the obstruction/nuisance to remove it within a specified timeframe [1].
Essentially, Section 133 provides a mechanism for swift action against public nuisances that can potentially endanger public health, safety, or comfort. For more legal help please visit Kanoon India.
