Two tall coconut trees of my neighbour reclined towards my house
2 years ago
There are two tall coconut trees in the premises of my neighbour, which remain reclined towards my house. Now, the way there forms cyclone off and on, I fear that if these trees get uprooted, they will demolish my more than 60 year old house. Even during the Amphan , one of his betelnut trees fell on my boundary wall,breaking some of its parts. I requested my neighbour many times to cut the coconut trees down, but he didn't. Please tell me if there is any legal way to have these trees cut down, and if so, WHICH DEOARTMENT TO BE CONTACTED?
A.Dear Sir,
Approach Municipality or high court.
Approach Municipality or high court.
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A.You can send him a legal notice to get them removed first. If he not listening then send a letter to the Municipality mentioning the lurking danger. You can also file a civil case under law of torts to get the nuisance removed.
Post that you can file an application to the magistrate under Section 143 of Crpc or Section133 of CrPC
Section 143 in The Code Of Criminal Procedure, 1973
143. Magistrate may prohibit repetition or connuance of public nuisance,. A District Magistrate or Sub- divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860 ), or any special or local law. C.- Urgent cases of nuisance or apprehended danger
Section 133 in The Code Of Criminal Procedure, 1973
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupa-
tion, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order-
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation- A" public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
Post that you can file an application to the magistrate under Section 143 of Crpc or Section133 of CrPC
Section 143 in The Code Of Criminal Procedure, 1973
143. Magistrate may prohibit repetition or connuance of public nuisance,. A District Magistrate or Sub- divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860 ), or any special or local law. C.- Urgent cases of nuisance or apprehended danger
Section 133 in The Code Of Criminal Procedure, 1973
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupa-
tion, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order-
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation- A" public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
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A.Hi,
You can file a nuisance case u/S 143 & 133 CrPC. Section 133 of CrPC allows the magistrate to order the removal of the nuisance-causing agent or activity from the locality. You may also contact the municipal corporation for further queries.
If you find my answer helpful then kindly rate me.
You can file a nuisance case u/S 143 & 133 CrPC. Section 133 of CrPC allows the magistrate to order the removal of the nuisance-causing agent or activity from the locality. You may also contact the municipal corporation for further queries.
If you find my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You may try to convince your neighbors to trim the branches of the trees. Alternatively, you may consider filing a complaint with the municipal corporation of your jurisdiction. You also have the option to file a nuisance claim on your neighbor in the magistrate's court.
If you find my answer helpful then kindly rate me.
You may try to convince your neighbors to trim the branches of the trees. Alternatively, you may consider filing a complaint with the municipal corporation of your jurisdiction. You also have the option to file a nuisance claim on your neighbor in the magistrate's court.
If you find my answer helpful then kindly rate me.
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Madhulika Bhatnagar
Responded 2 years ago
A.You can first send him a legal notice asking him to cut down his trees. A person has right over the space of their property, so his trees are trespassing onto your property.
If he still refuses, you can either file a civil complaint against him or approach the local authority.
If he still refuses, you can either file a civil complaint against him or approach the local authority.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is a matter of public nuisance so legal notice is required to be issued before taking legal steps.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap court me ja sakte ho damages ke liye.
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