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UHeading may be misleading but for the past some months the domestic cats of my neighbour (same apartment two floors down) is excreting near my door (instances include peeing and feces near our door). Context: Apartment is G+4 with a rooftop. Last few month perhaps more than a year two cats of the 2nd floor owner excrete on the rooftop. Caretaker refused to clean after 4 or 5 times so we decided to close the rooftop door and then the peeing and excreting started near my door. My steel shoe cabinet is also damaged because of rusting caused due to their peeing. I’ve brought this to the pet owner’s notice but they are denying the cats’ excretion saying they excrete in the designated spot. I have video proofs of the cats excreting yet they do not clean their excreta with the excuse that it’s the work of other stray cats. The husband of the couple has a police background so even after lodging a complaint at the local police station they aren’t taking my side and doing anything. What are my options here?
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UYou have video proof, a damaged shoe cabinet, and a neighbour who keeps denying it – that combination is enough to move on two fronts at once.
The criminal route: your neighbour’s cats repeatedly defecating near common areas and your door falls squarely within Section 270 of the Bharatiya Nyaya Sanhita, 2023, which covers acts causing injury or annoyance to persons who occupy property in the vicinity.[1] Since the local police are doing nothing – likely because of the husband’s background – go over their head. File a written complaint before the Executive Magistrate (usually the Sub-Divisional Magistrate) of your area. Under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate can issue a conditional order directing the pet owner to remove the nuisance within a fixed time, and this order cannot be challenged in a civil court.[2] Attach your video clips and photographs of the rusted cabinet to that petition.
The civil route runs parallel. File a suit in the civil court claiming damages for the rusted shoe cabinet – quantify it with a repair or replacement estimate – and seek a permanent injunction restraining the neighbour from allowing the cats to enter common areas unsupervised. The video evidence makes your position strong on causation, which is usually the hardest thing to prove in nuisance cases.
For the police bias angle, submit a written complaint to the Superintendent of Police of your district, referencing the specific dates you approached the local station and got no action. A written trail forces accountability.
No judgment on directly matching facts appeared in the database, though the statutory route through the Magistrate is the sharpest tool you have here.
Keep the video clips saved in multiple places, photographs of the rusted cabinet, and a written record of every date you raised this with the neighbour.
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[1] [Bharatiya Nyaya Sanhita, 2023 — Section 270: Public Nuisance](https://cassie.in/laws/The_Bharatiya_Nyaya_Sanhita%2C_2023/270) — Criminalises acts or omissions causing common injury, danger or annoyance to persons who dwell or occupy property in the vicinity.
[2] [Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 152: Conditional Order for Removal of Nuisance](https://cassie.in/laws/The_Bharatiya_Nagarik_Suraksha_Sanhita%2C_2023/152) — Empowers an Executive Magistrate to issue a conditional order directing removal of a nuisance, including control of dangerous animals; the order is not challengeable in a civil court.
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