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Clarification reg bore well

Querist : Anonymous (Querist) 21 January 2012 This query is : Resolved 
Sir,

I made agreement with builder for Rs.22 lakhs towards the cost of land and construction of house. In response to this agreement he has digged bore well in my plot and he using bore well water for construction of house, the electricity consumption bills also he only paying. But he has taken another plot and he is constructing another house beside my plot for another customer purpose. but Sir he is water from my plot borewell and he paying electricity bills. Sir I want to know that can he utilise the water from my bore well.
Raj Kumar Makkad (Expert) 21 January 2012
It depends upon your understanding. Legally one has to pay charges if he consumes anything of any other person. Builder is commercially using water available under your plot.
M/s. Y-not legal services (Expert) 21 January 2012
its not an issue untill you arise a question..

more over you are admitting that he only paying the e.b bill.. then whats your problem?

-tom-
Sudhir Kumar, Advocate (Expert) 22 January 2012
Befoere letting a legal debate plese intimate whether digging borewell isleal in taht area. Kindly visit site of website of central Ground Waper Authority.
Devajyoti Barman (Expert) 22 January 2012
Though the agreement with the builder is not with , from the prima facie facts it could be advised that you can have redress to restrain the builder to use the bore well from your land for his other business through the court of law by a suit of injuction.
ajay sethi (Expert) 22 January 2012
the builder has dug bore well to carry out construction work on your plot . if simultanesouly he is suing bore well water for carrying out construction in adjacent plot dont raise a bhue and cry . he is paying electricity bill . if you create hurdles in his way he will delay construction on your plot .

however if want to proceed legally follow Mr barman advise
Shailesh Kr. Shah (Expert) 22 January 2012
it is totally depend upon your sweet 'will'.
don't forget to ask him to pay water tax also.
V R SHROFF (Expert) 22 January 2012
Do not proceed, Let the matter proceed.

just for few months, why builder should dig another bore well? cost him.

later on, after construction is over, you have a bargaining power, may share cost of elec, Pump, Overhead Tank, etc, and get your water free!!

"Pani Pilane se bada Dharam kya hai?? " even if you do on charity purpose," uper jama hoga na? bhagwan ki tijori me tumare naam"

So do not agitate this issue.
If someone get benefit, without your loss, continue.
Tomorrow u may also need favour.
prabhakar singh (Expert) 22 January 2012
Nothing to add.


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