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

Mr. Alok Sharma, a resident of a quiet locality in Ramanagar, found himself in a distressing situation. The vacant plot of land adjacent to his house, owned by Mr. Vikram Singh, had been left completely unattended. Over time, it transformed into a dense thicket of overgrown grass and wild vegetation. This neglect created a perfect breeding ground for pests and, most alarmingly, snakes. The safety of Mr. Sharma’s family, particularly his elderly parents and the neighborhood children, became a major concern.

Multiple neighbors had spotted snakes emerging from the plot, creating a palpable sense of fear in the community. Mr. Sharma and others had tried to reason with Mr. Singh, explaining the life-threatening risk his negligence was causing. However, their pleas fell on deaf ears. Mr. Singh seemed more concerned with saving money on maintenance than with the well-being of the people living next to his property. Frustrated and worried, Mr. Sharma realized that informal requests were not working and that he needed to explore formal legal channels to compel Mr. Singh to act responsibly.

Advice in such cases

• Document Everything: Keep a detailed record of the property’s condition. Take clear, dated photographs and videos of the overgrown vegetation and, if it can be done from a safe distance, any pests or snakes sighted.
• Written Communication: Send a formal letter or a legal notice through a lawyer to the property owner. This notice should clearly state the nuisance being caused, the potential danger, and a reasonable deadline to clean the property. This creates a formal record of your attempt to resolve the issue.
• Involve the Community: Speak with other affected neighbors. A joint complaint or petition to the local municipal authorities carries more weight and demonstrates that this is a community-wide issue, not a personal dispute.
• Approach Municipal Authorities: Lodge a formal written complaint with your local Municipal Corporation or Panchayat. These bodies have specific departments to handle issues of public health, sanitation, and nuisance caused by unkempt properties.
• 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

In India, several laws can be invoked to address such a situation. The focus has now shifted from the old Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) to the new acts.

• Bharatiya Nyaya Sanhita, 2023 (BNS): The concept of public nuisance is covered under Section 290 of the BNS. An 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 is a public nuisance. An overgrown, snake-infested plot clearly falls under this definition.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 146 of the BNSS (earlier Section 133 CrPC) is a powerful tool. It empowers a District Magistrate or a Sub-divisional Magistrate to pass a conditional order for the removal of any unlawful obstruction or nuisance from any public place or from any way, river, or channel. They can direct the owner to remove the nuisance within a specified time.
• Municipal Corporation/Panchayat Acts: Every state has its own Municipal Corporation Act or Panchayat Raj Act, which contains provisions obligating property owners to keep their plots clean and not let them become a source of public health hazard or nuisance. These acts give the municipal authorities the power to issue notices and even clean the plot at the owner’s expense if they fail to comply.
• Civil Suit for Injunction: A civil suit can be filed in a court of appropriate jurisdiction seeking a permanent injunction to restrain the neighbor from continuing the nuisance and a mandatory injunction directing him to clean the property.

If you are the complainant

• Gather Evidence: Systematically collect all possible evidence. This includes photographs, videos, a log of events, and signed statements from other neighbors who are willing to be witnesses.
• Send a Legal Notice: The first formal step is to have a lawyer draft and send a comprehensive legal notice to the owner of the vacant plot. This notice will outline the legal violations and warn of impending legal action if the issue is not rectified.
• File a Complaint with the Municipality: Draft a detailed complaint, attach all evidence, and submit it to the Health Officer or the designated authority in your Municipal Corporation. Follow up regularly on the status of your complaint.
• File a Petition under Section 146 BNSS: If the municipal authorities are slow to act, you can file a petition before the Sub-Divisional Magistrate (SDM) for the removal of the nuisance. This is often a faster and more effective remedy.
• Consider a Civil Suit: As a final resort, you can file a civil suit for a permanent injunction. This is a longer process but can provide a definitive and binding solution.
• 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.

If you are the victim

As a person directly affected by such negligence, your primary focus should be on safety and taking decisive action.

• Prioritize Safety: Ensure your family, especially children and the elderly, are aware of the potential danger and avoid the vicinity of the unkempt plot. Take necessary precautions like installing mesh on gates and windows if required.
• Document and Report: Immediately document any specific incident, such as a snake sighting. Report it to your local municipal ward office and the police, creating an official record of the danger.
• Do Not Engage in Self-Help: Avoid trespassing onto the neighbor’s property to clean it yourself, as this could lead to legal complications for you. The responsibility lies with the owner.
• 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.

How the police behave in such cases

The police may initially be hesitant to intervene directly, often viewing such matters as civil disputes or issues under the jurisdiction of the municipal corporation. They might advise you to approach the municipality or the SDM first. However, if there is an immediate and grave danger to life (e.g., a venomous snake is spotted inside your premises), they are more likely to take immediate action. An FIR for public nuisance under Section 290 of the BNS can be filed, but the police often prefer if the matter is handled by the civil administration first.

FAQs people normally have

What evidence is required?

Strong evidence is crucial for a successful complaint. You should collect:

• Dated photographs and videos of the overgrown plot from various angles.
• Copies of any written complaints made to the owner.
• A copy of the legal notice sent to the owner, along with proof of delivery.
• Signed affidavits or statements from other affected neighbors.
• Copies of complaints filed with the Municipal Corporation or other authorities.
• If possible and safe, photographic or video evidence of snakes or other pests.

How long will the investigation take?

The timeline varies depending on the legal route you choose:

• Municipal Complaint: Action can be taken within a few weeks to a couple of months, depending on the efficiency of your local municipal body.
• Petition under Section 146 BNSS: This is a summary procedure and is generally faster. The SDM can pass an initial order within a few weeks of the complaint being filed.
• Civil Suit: This is the longest route. It can take several months to get an interim order and potentially years for a final judgment.

Advocate Sudhir Rao, Supreme Court of India