Legal Question in Personal Injury in India
1. A hotel has come up next to my house in a residential area. It is causing a great problem specifically to me and not much to me. Need to know can i file complaint u/s 133 crpc. I individually being aggreived a lot. If yes, pls court citation/ case law of SC where nuisance caused to an individual to be considered as public nuisance and comes under the ambit of sec 133 crpc.
2. As the hotel is now operational for last 6 months, is there any provision which enable us to file a suit in civil court for permanent, prohibitory and mandatory injuctions or Writ petion has to be filed in the High Court. Kindly help me with relevant provision so that I m in a position to take any actions. Lawyers consulted locally for this says no civil case can be filed at this stage for injuction as hotel is already operational.
2 Answers from Attorneys
You approach a senior lawyer for mandatory injunction for cancellation of the licence issued by the authorities concerned since the locality is residential in nature. Also ask for demolition of the hotel. You can take up the issue with the municipal authorities in the area.
29.04.2012
Dear Sir / Madam,
You can invoke Section 133 of the Indian Criminal Penal Code to put an end to the nuisance and disturbance being caused in the residential neighbourhood by the Hotel operation.
The latest judgement in this context is -
THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : CODE OF CRIMINAL PROCEDURE
Crl. Rev. Pet. No. 409/2007 & Crl. M.A. No. 7052/2007 (Stay)
Reserved on: 10th November, 2010
Decided on: 8th February, 2011
Ajit Singh and Anr. ..... Appellants
Through: Mr. Ateev Mathur, Advocate
versus
State and Anr. ..... Respondents
Through: Mr. Pawan K. Bahl, APP for Respondent No.1
Mr. V.K. Tandon, Advocate for Respondent No.2
You can mail me for further on-line legal advice at [email protected]
Regards,
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