Neighbour causing nuisance in my property

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Question asked on: 26/09/2015

Respected Sir / Madam , I have s strange problem due to my neighbors as they keep hammering out our flat with a hammer and same has been done since last 3 years. i have made NC to local police station along with NC for last 3 years i am also having Video record clearly showing the the hammer outside my house and on various occasion i got recording with me.

Local Police of Borivali west is not able to take FIR not any action because the family has got some political pull with them. i have got various NC for past years and video recording with me on various occasion. also my parents both are sr. citizen. 

I want to know any strong action is possible from Court order as local police has no say in this as per them this is small issue. My parents are really tired out this for past few years. All this is been done so that we agree to there terms of redevelopment and agree to the builder they want to hire. Thanking you and Regards.

Advised by: Shivendra Pratap Singh,

You may initiate criminal and civil proceedings simultaneously. You may file complaint before the sub divisional magistrate, under section 133 Cr.P.C., for removal of nuisance. Your neighbour is causing nuisance and in our legal system both civil and criminal remedies are available.

After filing aforesaid criminal proceeding you may file suit for removal of nuisance, damages caused by such act of nuisance and temporary injunction.

In Gulam Husain Mirza vs Laxmidas Premji Alias Saga AIR 1983 Bom: any act or omission which has been causing annoyance or damages to any person in enjoyment of property is called nuisance and it is actionable.

In Banfod v. Turnley, 31 L.J.Q.B. 292; an act comes under nuisance or not entirely depends on the surrounding circumstances and must necessarily be an actionable nuisance.

In light of the aforesaid judgments any act which causes disturbance or obstruction in enjoyment of property constitutes nuisance and it is actionable. If nuisance caused to public at large then it is an offence under IPC but a particular person is affected from such act then it is called private nuisance, however it is not offence but civil proceeding may be instituted for damages and removal of nuisance.

Institute a civil suit, under section 91 CPC, against him. Video recording is a good piece of evidence. It is relevant and it is admissible under Indian evidence act. You have to prove that your neighbour is doing wrongful act. Damage or loss or inconvenience or annoyance caused to you from his wrongful act.

Such inconvenience or discomfort is more than mere delicacy. Court may pass temporary injunction on the face of record, your video/audio recordings are sufficient evidence to get temporary injunction or stay order immediately from the court.

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