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neighbour Claim boundary wall damage

(Querist) 02 July 2010 This query is : Resolved 
I have a kancha drain which adjusaent to our neighbour boundary.Only Kitchen (basin) water are out pass through this drain. he claim that this water is damage his boundary wall.and give me an advocate notice to fill the drain or constructed a pucca drain.But the main drain is closed by him. I agree to constructed pucca drain if my neighbour open the main drain and if municipalty give me a permission. He give me a notice to file a civil & crimical case against me . Is it possible
Devajyoti Barman (Expert) 02 July 2010
Under which municipality your are fall? Making a pucca drain does not require Municipality permission all the time. You have a space/provision for constructing a pucca drain then you better do it specially if the sullage water is causing danger to your neighboiur's boundary.
Y V Vishweshwar Rao (Expert) 02 July 2010
You have to use your proerty without damaging others proerty - i.e;- Draiange Water - You have to close the Kacha Drain and substitute it with pipe line or pucca drain to avoid the the alleged damage of neibours Compound wall ! No Muncipal Permission is required - if your draiange is damaging other proerty the Muncipality will issue Notice to you to rectify the same by Necessary pucca Draiange construction .
Chanchal Nag Chowdhury (Expert) 03 July 2010
Your first duty is to approach the Municipality with a proper drainage plan for redress. If he has already filed a case , U have no choice but to contest it. Place your case before the court. Rope the Municipality in.

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