Sahana — Removal of the illegal and unlawful encroachment raised in the form of projection/chajjas projecting towards the street of mcd

Address:

New Delhi, Delhi, 110059

We, Smt.Labanga Lata Sahana wife of Shri G.S.Sahana Age 66 Years and Shri G.S.Sahana S/o Late Shri Kiron Chandra Sahana, Age-71 Years Both R/o House No:-76 B/ A, Vikas Nagar Extn, Phase-3, Block –A Vill-Hastsal, Near Asha Hospital, Uttam Nagar, New Delhi-59
Complaints Facing another, Atrocities Violence Happened on New Residential Plot No:-15, Khasra No . 30/25/1, Vikas Nagar, Phase-2, Gali No-1, Near Rajdhani Public School, Uttam Nagar, New Delhi-110059
Atrocity :- Definition of :- Sec 2(a) defines “ Atrocity ” to mean an offence punishable under Section 3, Section 3 deals with the offence against member of SC/ST by any person who is not a member of SC/ST ( R.K.Bolothia Vs Union of India 1994 Cri.L.J. 26-68 MP )

1. That the complainant is a SC / an Enrolment Senior Citizen of Delhi Police Governed both under SC/ ST Prevention of Atrocities Act 1989 and Safe Guard the life and property by Delhi Police Vide Sub Section (2) of Section 22 of Sr. Citizen Act 2007 and Safeguard for the deprivation of right of women vide Act 1990.
2. That the complainant pertains to SUNRI Community which lies in the category of SC/ST. Where the Genuineness was verified both Delhi Govt’s Authority and Police also .On being the member of SC/ST community the Complainants has every legal right, title and interest to lead her life with dignity, honour and reputation and also right to give complaints and appeal for safeguard the Atrocities violence happening again and again for us .
3. The complainant is owner of the property bearing No.15, Gali No.1, Vikas Nagar Extn., Village Hastsal, Uttam Nagar, New Delhi-110059 on purchase of SALE DEED basis where the total Stamp duty paid to Govt.of Rs:- 2, 32, 000/- Towards Stamp Duty and Corporation Tax on 02/11/2015 .
4. Mr. Mishra, Mr. Prabhu Singh & Mr. Chowhan are neighbours of the complainants and residing in the same street. The aforesaid persons have made an association with five owners of the property located and situated in the same street and they are also neighbours of the complainants those who are Brahmin Community of Bihar.
5. The complainants residing upon 42 Sq.Yards of Plot of the said residential Plot since 1996 which is not sufficient to adjust their existing family members. The complements purchase the said Plot on SALE DEED basis with Giving Payment to Govt of Rs 2, 32, 000/- on behalf of Stamp Duty and Corporation charges and erect Two Rooms with permission of MLA for fulfillment of 75% of residence required for regulation of Colony cum Gali No:-1 as well as verbal permission of the neighbours of this Gali to cover-up the constructive possession of SALE DEED.
6. The Complainants submission is that during the period of Construction, the Neighbours of this Gali asked us about our Caste, Belongs from, Salary etc etc but not given any answer for their question . So, they followed us and perhaps learned about it either from neighbours of old residence or any other source and began to harass one by one to prevent to erect the said Building .
7. The complainant had raised the ramp of 2 feet long projecting on the street for entering Up and Down to their house on being Old age with suffering different kinds of ailments on viewing the existing construction of the said neighbours .
8. Mr. Mishra, Mr. Prabhu Singh and Chowhan in collusion and connivance with each other had demolished and removed the ramp of the complainant in absence of the complainant and her family members during night as observed and had put the dismantle/debris material in the septic tank of the complainant and have committed the nuisance. The aforesaid persons are also having the septic tank (Latrine tank) on the street which is land of the MCD. Such illegal, unlawful, unjustified conduct on the part of the aforesaid persons creating the nuisance and causing annoyance to the complainants came into the knowledge of the complainant on 20.01.2016 at 03:20 PM and the matter was immediately reported to PCR van on 100 number and the PCR Van vehicle bearing No.DL-1CJ-4648 came at about 3.40 PM. The PCR call had given the intimation to the local police station and on the information of the complainant one police officials namely SI Braham Prakash and Mr. Rajiv, ASI came at the spot and inspected the site and also found the debris material in the septic tank of the complainant. Mr. Mishra, Prabhu Singh, Mr.Chowhan and other neighbours who are the associates of the aforesaid persons have dishonestly, fraudulently and maliciously have stolen the silly of 2’ x 2’ in number 5, 10 Kg. Iron/steel strips which was used in construction of the ramp. The aforesaid dishonest, fraudulent and mischievous conduct on the part of the aforesaid persons have caused grave injury, damages and losses to the complainants.

9. The aforesaid persons have agreed to reconstruct the same within 3 ( three) days interval in presence of the said Police officials and Local MLA Representative Shri Satya Narayan Yadav on threating of Police that the MCD will not come without Notice and Never put the said dismantle / debris of ramp into the septic Tank and Never stolen the said Silies & Rods etc to save their services .

10. The neighbours of the Gali No.1, Vikas Nagar Extn., New Delhi have illegally and unlawfully raised/constructed the balcony/chajja approximately 4’ to 5’ in length projecting on the street of the MCD and have raised the illegal and unlawful construction of balcony/chajja in gross violation of provisions of the MCD Act, Rules and Regulations, Building Bye-laws and have also raised the illegal and unlawful construction in the form of ramp/stairs encroaching upon the public land which vest in the MCD and Govt. of NCT of Delhi and have restricted the right of way of the complainants to use and enjoy the street. The construction of ramps and stairs on the street are highly illegal, unlawful, unjustified, unwarranted, irrational, illegal and uncalled for and the same has caused grave inconvenience and hardship to the interest of the complainants. The aforesaid persons are not having any lawful authority, power, legal right, title and interest to raise any construction in the form of balcony, chajja projecting on the road of MCD and to raise the ramps and stairs on the public street and the conduct of the aforesaid persons are causing grave public mischief, inconvenience, nuisance to the complainant and has created the hindrance, obstruction, interference and nuisance on the way of the complainant to enjoy and use the public street.

11. Mishra with sole malafide intention to satisfy his personal interest for parking his vehicle Swift infront of his house had illegally and unlawfully removed the ramp of the complainant in a secret time with the help of his associates. Mishra claims himself to be a Leader of the street No.1 and also giving the open threat that all the neighbours are in his clutches and they will not allow the complainant and her family members to lead their life peacefully and to enjoy their property.

12. Mishra and his associates with sole intention to cause mental torture, pain, agony, suffering and harassment to the complainant are throwing the waste, garbage/debarrage and other unused material in the back open space of the property of the complainant and the street is close one at the end.

13. As per the MCD plan the aforesaid street is having the measurement of 15 feets but the aforesaid persons after encroachment of the same has reduced the size of the street.

14. The aforesaid persons in association with the neighbours are giving the open threat to the complainants that the complainants pertains to SC/ST community and they will not allow the complainant and her family members to enter into the street and to enjoy and use the aforesaid property and giving the continuous threat that they are having the good nexus and connection with gunda type elements and they will get liquidate the life of the complainant and her family members.

15. The complainant and her family members are living under the constant terror and fear.

16. Mishra, Prabhu Singh and Mr.Chawhan and their associates are giving the continuous threat to the complainant that at the appropriate time in a secret manner they will also get removed/damaged the property of the complainant.

Prayers :-

It is, therefore, requested that your goodself may kindly be pleased to grant the protection to the precious life, liberty, property of the complainant and her family members and to make ensure that Mishra, Prabhu Singh and Mr.Chowhan and their associates may not assault upon the complainant and her family members and to make ensure that no loss, damages and injury should cause to the life and property of the complainant and also direct your officials to remove the balcony/chajja, ramps and stairs projecting and raising on the road of the MCD and also to take the stern legal action for committing the nuisance and mischief and also registered the criminal case of theft, mischief and nuisance committed by Mishra, Prabhu Singh and Mr.Chowhan and their associates with immediate effect and also may please be published on Media & News paper to avoid further Atrocities Voilence may took place in future where we able to reside peacefully . Since once they able to done such terrorist Activities against a projection of Ramp on street to go up down to enter into the house for old age movement on viewing their existence, They must will able to done such terrorist Activities in future where our lives family member’s lives and children’s lives will be end for ever and the said properties will be under their possession if appropriate action not taken . So far, if not, you will responsible for the same .

SMT.LABANGA LATA SAHANA / SHRI G.S.SAHANA
( Both are SC Community / an Enrolment Senior Citizen of Delhi Police Ps Ranhola ) Vide reg . No. 20506 and 10747 respectively.
Correspondent Address House No;- 76 B/A Vikas Nagar Ext, Phase -3, Block –A, Near Asha Hospital ( Village-Hastsal ) Uttam Nagar, New Delhi-110059
Tell No;[protected], [protected]
Enclosures: - As requirement only.