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

A resident, Mr. Kumar, living in a colony in Rampur, faces a serious issue with his neighbours. His house is situated in a lane with a downward slope. At the end of this lane, his neighbours, the Sharma family, have erected a gate, effectively blocking the road. They have also expressed their intention to build a permanent wall, claiming that the portion of the road in front of their house is their private property.

This situation poses a significant threat. Due to the slope, any blockage at the end of the lane will cause severe waterlogging and flooding during the monsoon season, endangering the properties and lives of all residents living along the slope. Mr. Kumar previously lodged a complaint with the local Municipal Corporation. Officials responded by removing the gate. However, they left the gate’s frame nearby, and the Sharma family subsequently re-welded the gate back in place, this time adding a large banner declaring it “Private Property.”

When Mr. Kumar approached the local police, they suggested it was a matter for the Municipal Corporation to resolve and advised him to re-approach them. The police indicated that they would only intervene if the situation escalated. Mr. Kumar is now seeking clarity on the legal standing of his neighbours’ actions and the potential remedies available to him and other affected residents.

Advice in such cases

• Document Everything: Immediately start documenting all events. Take clear photographs and videos of the obstruction from various angles and at different times of the day. Record any conversations or interactions with the neighbours, if it is safe to do so.
• Formal Complaint to Municipal Authorities: File a detailed, written complaint with the Municipal Commissioner. Attach the photographic/video evidence. Clearly state the danger of flooding and the risk to life and property. Ensure you receive a stamped acknowledgment or a complaint number for future reference.
• File a Police Complaint: Go to the local police station and file a written complaint for causing a public nuisance and for wrongful restraint, as this action prevents residents from using a public path. Even if they initially redirect you, insist on getting a receipt for your complaint.
• Verify Land Records: File a Right to Information (RTI) application with the local Tehsildar or land records office to get a certified copy of the survey map and records for the lane. This will officially clarify whether the road is public or private property.
• 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.

Applicable Sections of Law

Such actions can attract penalties under various Indian laws, including the new criminal codes:

• Bharatiya Nyaya Sanhita (BNS), 2023:
  • Section 290: This section deals with Public Nuisance. Any act that causes common injury, danger, or annoyance to the public or to the people in the vicinity constitutes a public nuisance. Blocking a public road falls squarely under this definition.
  • Section 141: This section defines Wrongful Restraint. Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed is said to wrongfully restrain that person. Blocking a public lane is a classic example of wrongful restraint against all residents.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
  • The code contains provisions, similar to the old Section 133 of the CrPC, that empower a Magistrate to pass conditional orders for the removal of public nuisances. If the authorities fail to act, you can approach the Magistrate’s court directly.
• State-Specific Municipal Corporation Act:
  • Every state has a Municipal Corporation Act that prohibits and penalizes any encroachment or obstruction on public streets, lanes, and drainage systems. The Corporation is empowered to remove such obstructions and recover the cost from the offender.

If you are the complainant

• Gather Evidence: Collect all possible evidence, including photos, videos, witness statements from other neighbours, and copies of land records.
• Organize with Neighbours: A collective complaint from multiple affected residents holds more weight than an individual one. Form a group and file a joint representation.
• Be Persistent: Follow up regularly with the Municipal Corporation and the police on the status of your complaint. Keep a record of all your visits and the names of the officers you speak with.
• 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 Writ Petition: If the municipal and police authorities fail to perform their statutory duty, you can file a writ petition in the High Court seeking a directive (mandamus) for them to take action.

If you are the victim

• Prioritize Safety: Do not engage in direct confrontation or arguments with the offending neighbours, as this can escalate the situation into a physical altercation.
• Communicate in Writing: If you need to communicate, do so through written notices, preferably sent via a lawyer, to create a formal record.
• 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.
• Keep a Log: Maintain a detailed diary of all incidents, including the dates and times of the obstruction, any threats made, and the response from authorities. This log will be invaluable in legal proceedings.

How the police behave in such cases

The police response in such matters can often be cautious. They may initially perceive the issue as a “civil dispute” over property rights, especially when one party claims ownership of the land. They often prefer for the civic body, like the Municipal Corporation, to take the lead, as these bodies are the primary custodians of public land and infrastructure. Police are more likely to intervene decisively if there is an immediate breach of peace, violence, or a clear and cognizable criminal offense being committed. However, a persistent and well-documented complaint about public nuisance and wrongful restraint should compel them to register a case.

FAQs people normally have

• Can a road in a residential colony be someone’s private property?
  

  Generally, no. In planned residential layouts approved by development authorities, roads, parks, and open spaces are public property meant for common use. Private ownership of a road is rare and would require extraordinary proof from official land records. An individual cannot unilaterally declare a public thoroughfare as their private land.

  
  
• What if the Municipal Corporation does not take any action?
  

  If the Municipal Corporation fails to act on your written complaint within a reasonable time, your next step is to seek a legal remedy. You can file a case in the Magistrate’s court for the removal of a public nuisance or approach the High Court by filing a writ petition to compel the Corporation to perform its duty.

  
  
• Can we, the residents, remove the gate ourselves?
  

  It is strongly advised not to take the law into your own hands. Removing the obstruction yourself could lead to counter-allegations of trespass, mischief, or assault from the other party, complicating your legal position. Always proceed through the proper legal and administrative channels.

  
  

What evidence is required?

• Photographic and Video Evidence: Clear pictures and videos of the gate, banner, and the entire lane showing the potential for flooding.
• Official Land Documents: Certified copies of the colony’s layout plan and land records obtained from the revenue or municipal department.
• Complaint Copies: Acknowledged copies of all complaints filed with the police and the Municipal Corporation.
• Witness Statements: Written statements from other affected neighbours corroborating your complaint.
• Correspondence: Any written communication between you (or your lawyer) and the neighbours who have caused the obstruction.

How long will the investigation take?

The timeline can vary significantly. Action by the Municipal Corporation can sometimes be swift, taking only a few days to a week once they are convinced of the illegality. However, bureaucratic delays can extend this period. A police investigation will only commence after an FIR is registered, and its duration depends on the complexity of the case. If the matter goes to court, it can take several months or even longer to get a final resolution, although interim orders for the removal of the obstruction can often be obtained much faster.

Advocate Sudhir Rao, Supreme Court of India