Trees on common line of property
Querist :
Anonymous
(Querist) 11 June 2018
This query is : Resolved
Sir, a coconut tree of our neibhour stand near to my property. That was not produce any cocunuts and not in a healthy state, but we fear that in wind season it may fall down. If it happen it will result damage to compound wall and pets cage. We already inform them regards the same but they didnt take any action. Is any legal support available under any law. We belongs to kerala.
K Rajasekharan
(Expert) 11 June 2018
In Kerala State, two possibilities are there: one is to approach the Grama Panchayat / Municipality and the other is to approach the RDO or ADM with a complaint.
Kerala Panchayat Raj Act in its Section 238 says, “If any tree or any branch or portion of a tree or the fruits of any tree be deemed by the village panchayat to be likely to fall and thereby endanger any person or any structure or any cultivation, the Village Panchayat may by notice require the owner of the said tree to secure, lop or cut down the said tree or remove the fruits thereof so as to prevent any danger there from”. Equivalent provision is there in the Kerala Municipality Act as well.
The provision applicable to Executive Magistrate, in this regard, is provided in the Criminal Procedure Code in its Chapter X.
If your problem is genuine, you will definitely get a favourable order from any of the above said authorities.
Guest
(Expert) 11 June 2018
For solution top the problem, you may make approach to the forest department.
Ms.Usha Kapoor
(Expert) 12 June 2018
As stated above you may approach Grampanchayat/Municipality/RDO/ADM or District Magistrate regarding the tree which is standing on common line for its demolition order from these authorities as it is going to fall down any moment due to strong wind.
Guest
(Expert) 12 June 2018
Are you a resident of some village in Kerala State? If not, the suggested Act of Kerala cannot equally be enforced in all states of India.
