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Discussion > Property Law > Help wanted against act of neighbour affecting our Property.   Unanswered Threads Post New Topic

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There are 4 Replies to this message

Sibsankar Datta

[ Scorecard : 29]
Posted On 13 January 2009 at 09:31 Report Abuse

I will be grateful if I am fed with a suggestion on my following property related problem with my neighbour. We two brothers are presently the owner of a residential house under the municipal authority of South Dum Dum Municipality. Our neighbour who bought the property a few month’s back, after buying the property in meagre way started illegal extension with encroachment and for that they are influencing the local politicians to avoid any sort of counter objections. Now they have devoted to dig up a drain across our main entrance which was never felt for the last sixty years of our residing. Drainage facilities of all the residence in our locality already exist including ours and theirs. Now for their own benefit they wish to dig a drain in front of our house to get pass their water tank overflowed water which if they need, though can well do that by digging a drain across their house but to maintain decency they dived to dig the drain across our frontage. To make understandable their house is a cornered plot and can get their drain connected to the main drain from both side. One by digging across our building frontage and the other by digging their own front. Now for their maintenance of their house decency they initiated and influenced the local municipal councillor, obviously by political influence to dig out the drain across our frontage. They diplomatically initiated to get the work done by the Municipal Authority themselves instead of on their own, with the help of the local councillor, which is through their own political platform. Under the circumstances I will be obliged if I am being guided with a rock solid advise as to what I should do to protect my interest. Solicit immediate kind guidance. Best Regards, Sibsankar Datta

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Advocate-on-Record, Supreme Court of India
[ Scorecard : 1066]
Posted On 13 January 2009 at 16:35 Report Abuse

Dear Sir,

Based on the facts, it appears that the immediate legal injury being caused to you and shall continue to be so since such digging/mining activities has permanent effect of your RoW (right of way); permanent disfiguration of lands/plots; permanent adversial effect on you enjoying the peaceful property of your land. And all in the guise of municipal activities. You are advised to immediately get a legal notice issued to all concerned. Pl also check the provisions of Master Plan applicable in that area. And of course, seek appropriate advice your lawyer in that regard so as to help you in moving appropriate authority/civil court for temporary as well as permanenet injunction and damages.

Trust this would suffice.

Thanks & regards,

Rabin Majumder

Advocate & Attorney

No. 91 Sh. A.K. Sen Chambers Block

Supreme Court of India

New Delhi – 110001

(cell) + 91 98992 59811

Home (Off) + 91 11 65955548

Fax  + 91 11 23782595


Ajay kumar singh

[ Scorecard : 859]
Posted On 13 January 2009 at 21:27 Report Abuse

Please file a complaint before the Sub-Divisional Magistrate (S.D.O.) of your locality.





Sibsankar Datta

[ Scorecard : 29]
Posted On 14 January 2009 at 16:04 Report Abuse

I express my heartfelt gratitude for the advice. Thank you very much. I'll proceed in that direction.


Sibsankar Datta

Sibsankar Datta

[ Scorecard : 29]
Posted On 14 January 2009 at 16:11 Report Abuse

Advocate Ajoy Kumar Singh.

Sir,                                                                                                                                         Thank you very much. I'll proceed in that direction. Your additional information as to the competant authority to whom the complaint to be lodged is of great help. 

I'll act as per your guidance.

Best Regards,

Sibsankar Datta

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