Harassment by neighbour
Anupam Dash
(Querist) 23 June 2013
This query is : Resolved
I live with my family in a residential area. There is a municipality cemented drain which was constructed a few years back by the municipality. Now this particular neighbour of ours has the municipality drain running just in front of his entrance gate, by virtue of which he can easily drain out his waste water into the municipality drain. But he claims that when the municipality drain was constructed some years back, the drain was constructed at a higher level and her house is at a lower level, hence because of this faulty construction (which he claims) he is not able to properly drain out his waste water. As a result, what he has done is, he himself has dugged out a drain on the municipal land and the entire waste water of his house is flowing towards our house and it is clogging near our entrance gate. We tried to settle the issue amicably, but he always wears a confrontationist attitude. We wrote an application to the municipality regarding the issue, but they also seems to be brushing it under the carpet (since in a way they also feel they have made a faulty construction) and they just say that when there will be funds they will try to drain out the water of this neighbour of ours. As a natural consequence, we are being victimised as we really dont know when the municipality will be having funds to sort out the issue. And the problem has coupled because of the rainy season. So I would like to know about the legal remedy as regards how to stop the drain that has been constructed till the time the drain work is completed by the municipality. I would like to know which court to approach and under what provision of Law?
ajay sethi
(Expert) 23 June 2013
issue legal notice to muncipal corporation . move court againsty corporation directing them to take necessary steps in this regard
Anupam Dash
(Querist) 23 June 2013
Thank you sir for the reply. I would like to know should we file a writ petition or any other petition in any other court. And also what are the necessary documents we should collect for filing the case?
ajay sethi
(Expert) 23 June 2013
contact a local lawyer . copies of complaint made to muncipal corporation ,legal notices issued . also make the neighbour a party to the proceedings .
Devajyoti Barman
(Expert) 23 June 2013
Apply u/s 133 crpc for removal of nuisance.
Rajendra K Goyal
(Expert) 23 June 2013
Agreed with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 24 June 2013
I also have similar opinion as expressed above.
prabhakar singh
(Expert) 24 June 2013
Proceed as advised.The opinions expressed are adequate.
