Fundamental right
Sajith.S
(Querist) 29 March 2014
This query is : Resolved
I have defined (3feet walk way defined with compound wall on both side) access from road to home. My father and mother are staying in the home. Our well is dry. we were trying to get a water connection and it is ready now. When the technicians came to connect the water line, one of our neighbours objected and hence we didnt got the connection. We approached police but still no use. As this is a fundamental right what i could do to get the water connection.
Thanking you
Modifications on the above mentioned matter...
by mistake I mentioned as fundamental right...
as I read from another article this is
2. Human Right to water
• Drinking water has been recognized as fundamental human right as
per Article 21 of the Indian Constitution.
• Supreme Court of India and various High Courts have recognized
this right in various cases.
• All human beings are entitled to equal and non-discriminatory
supply of a sufficient amount of safe water.
• Civil Society Groups can play crucial role by raising awareness
regarding fundamental human right to water.
Fundamental human right to water should be included in ongoing
reforms in water sector. Hence there should be a legal mechanism
to implement human right to water.
Also this walkway is belongs to us (It was given by (major part) my grandmother and minor portion given by the person who is doing the objection now). one family behind to my home also using this walk way.
The walkway given as per the terms mentioned in our property documents.
It is not municipality area.
It is punchayath area
Sajith Somanathan
00968 95248775
sajith.spm@gmail.com
malipeddi jaggarao
(Expert) 29 March 2014
It is not fundamental right, it is easement right. You can approach the court for enforcement of easement right.
prabhakar singh
(Expert) 29 March 2014
You have not stated to whom does the walkway belong?
Is it municipal area?
Sajith.S
(Querist) 29 March 2014
I have defined (3feet walk way defined with compound wall on both side) access from road to home. My father and mother are staying in the home. Our well is dry. we were trying to get a water connection and it is ready now. When the technicians came to connect the water line, one of our neighbours objected and hence we didnt got the connection. We approached police but still no use. As this is a fundamental right what i could do to get the water connection.
Thanking you
Modifications on the above mentioned matter...
by mistake I mentioned as fundamental right...
as I read from another article this is
2. Human Right to water
• Drinking water has been recognized as fundamental human right as
per Article 21 of the Indian Constitution.
• Supreme Court of India and various High Courts have recognized
this right in various cases.
• All human beings are entitled to equal and non-discriminatory
supply of a sufficient amount of safe water.
• Civil Society Groups can play crucial role by raising awareness
regarding fundamental human right to water.
Fundamental human right to water should be included in ongoing
reforms in water sector. Hence there should be a legal mechanism
to implement human right to water.
Also this walkway is belongs to us (It was given by (major part) my grandmother and minor portion given by the person who is doing the objection now). one family behind to my home also using this walk way.
The walkway given as per the terms mentioned in our property documents.
It is not municipality area.
It is punchayath area
Can I get a lawyer who can handle this issue, for further detailed consultation and procedure.
Sajith Somanathan
00968 95248775
sajith.spm@gmail.com
T. Kalaiselvan, Advocate
(Expert) 29 March 2014
Water conection pipes will be laid underground and in this public passage, if the pipe has been laid underground and the entire are has been covered up to its usual status, what is the objection for the other users of the said public passage (pathway), thus if their easement rights have not been infringed or restricted or disturbed, they cannot object to laying of the water pipes, if thy insist, you may file a mandatory injunction suit against them through a civil court of law, consult your lawyer on the issue.
Biswanath Roy
(Expert) 31 March 2014
Civil Suit is a lengthy procedure and relief seeking for will not be adequate. Besides, injunction order can be challenged under Or.39, Rule 4 to vacate it and proceedings after proceedings may linger on for a considerable period,. Whereas Writ of Mandamus under Article 226 of the Constitution of India can protect Legal,Fundamental and Constitutional right of a citizen as well as can give benefit of Natural Justice instantaneously upon hearing of the Writ of Mandamus.
krishna mohan
(Expert) 02 April 2014
Well advised by experts. Is objection is oral or written. If oral you can pursue with authorities to give you connection preferably by getting NOC from your neighbor based on your easement rights enjoyed over a period of time if not acquired by you. If solution is not feasible in this way you may like to consider the advise of Mr.Biswanath Roy by taking the help of an experienced lawyer in your area. Sometime taking the help of lawyer to represent your right before authorities can also work.
