If you are stuck in such a situation, here is what to do.

Mr. Alok and his mother recently moved into their new home in the Shanti Vihar locality. Their immediate neighbors, the Verma family, are engaged in a small-scale dairy business and keep several cows on their property. The issue arises because the animals frequently wander onto the shared unpaved road, leaving behind cow dung. This problem becomes unbearable during the monsoon season. The rain mixes with the dung, turning the entire path into a slurry of mud and animal waste, making it nearly impossible for Mr. Alok and his mother to leave their house for daily errands without navigating through the filth.

When Mr. Alok tried to discuss the matter with the Vermas, they became confrontational and aggressive. His suggestion of filing a formal complaint was met with dismissive challenges. Unfortunately, other neighbors in the lane are not facing the same degree of obstruction and have chosen not to get involved, leaving Mr. Alok and his mother feeling isolated and helpless. Fearing further conflict, he is hesitant to approach the police and is seeking guidance on how to resolve this daily challenge.

Advice in such cases

Dealing with neighbor disputes requires a calm and strategic approach. Here are the steps you can take:

• Document Everything: Before taking any action, gather evidence. Take clear photographs and videos of the road condition on multiple days, especially after it rains. Keep a written log of incidents, noting the dates and times the passage was obstructed.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Send a Legal Notice: Through your lawyer, send a formal legal notice to the neighbor. This notice will detail the nuisance being caused, the specific laws being violated, and a clear deadline to rectify the situation. A legal notice often signals seriousness and can prompt the other party to act.
• Complaint to Municipal Authority: Every city has a Municipal Corporation or a similar local body responsible for public health and sanitation. You can file a written complaint with the Health Officer or the Zonal Commissioner, providing your evidence. They have the authority to penalize individuals for creating unsanitary conditions in public spaces.
• File a Police Complaint: If the nuisance persists and involves intimidation or threats, you can file a complaint at the local police station. While the police may initially treat it as a non-cognizable offence, a formal complaint creates a record of the dispute.

Applicable Sections of Law

Such disputes are primarily governed by laws related to public nuisance and municipal regulations. The key legal provisions under the new Indian laws are:

• Section 290 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses the issue of public nuisance. A public nuisance is any act or illegal omission that causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity. Leaving animal waste on a public or shared path, making it unsanitary and difficult to use, squarely falls under this definition.
• Section 291 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section applies if a person continues a nuisance even after being instructed by a public servant to stop. If the Municipal Corporation or police issue an order and the neighbor ignores it, they can be prosecuted under this section.
• Local Municipal Corporation Acts: Each state has its own Municipal Corporation Act, which contains specific by-laws regarding sanitation, public health, and the keeping of cattle in residential areas. These laws often prohibit such activities and empower the corporation to take punitive action, including fines.

If you are the complainant

As the person filing the complaint, you need to be systematic and persistent.

• Gather Your Evidence: Your case will be strong if it is backed by solid proof. Collect photos, videos, and a detailed diary of events. If any other neighbor is willing to give a statement, even informally, document it.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File a Multi-pronged Complaint: Do not rely on just one authority. Submit your complaint simultaneously to the local police station and the Municipal Corporation. This creates pressure from multiple fronts.
• Consider a Private Complaint: If the police do not take action, your lawyer can help you file a private complaint directly before the Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for the offence of public nuisance. The court can then direct the police to investigate or can take cognizance of the matter itself.

If you are the victim

As the victim, your priority is to restore normalcy and ensure your right to a clean and safe environment.

• Focus on the Legal Path: Since amicable talks have failed, avoid direct confrontation. Let all communication happen through your lawyer to prevent the situation from escalating.
• Maintain a Record: Keep a dedicated file with copies of all complaints filed, legal notices sent, and evidence collected. This will be crucial for any legal proceedings.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Know Your Rights: You have a right to a clean and habitable environment. The actions of your neighbor are infringing upon this right. Understanding this will give you the confidence to pursue the matter legally.

How the police behave in such cases

Police response to neighbor disputes can be mixed. Often, they perceive such matters as minor or civil in nature. They might encourage both parties to compromise or resolve the issue amongst themselves. In many cases, they may register a Non-Cognizable Report (NCR) and advise you to approach the court or the local civic body. However, if your complaint is well-drafted, supported by evidence, and points towards a clear violation of public nuisance laws under the BNS, they are obligated to take action. A persistent follow-up, possibly through a lawyer, can ensure they treat the matter with the required seriousness.

FAQs people normally have

What evidence is required?

The most crucial evidence includes:

• Dated photographs and videos showing the condition of the road, the cow dung, and the difficulty in passage.
• A written log detailing the frequency and impact of the nuisance.
• Copies of any written complaints sent to the neighbor, police, or municipal corporation.
• If possible, a written statement from any other person affected by the issue, even if they are not a direct neighbor.

How long will the investigation take?

The timeline can vary significantly. An intervention by the Municipal Corporation or a stern warning from the police after a complaint can sometimes resolve the issue within a few weeks. Sending a strong legal notice also often leads to a quick resolution. However, if the matter proceeds to court through a private complaint, it can take several months to over a year for a final order, depending on the court’s schedule and the cooperation of the parties involved.

Advocate Sudhir Rao, Supreme Court of India