Boundary wall

Prasad (Querist) 29 March 2014 This query is : Resolved
Sir,
My neighbor stays east direction of my house .They are having a coconut tree and many times that coconut and branches fell on top of my motor pump which is connected to well and we take water with help of this . Most of times i am out of station and my aged mother stays in home.

I told problem to my neighbor upon which they said they dont have money to cut that coconut tree ans have ASKED me to cut coconut tree. am i allowed to cut or What legal precautions should i take before cutting tree or can i give money for cutting with condition that parts of tree should be given to me . They should not enjoy both benefit of having cut tree with out spending money and taking parts of that .please guide me

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Devajyoti Barman (Expert) 29 March 2014
File a petition u/s 133 crpc in the local Magistrate's court.

Rajendra K Goyal (Expert) 29 March 2014
For cutting tree permission from forest department is required in some states. Please confirm the position in your state.

Try to have amicable solution, legal path is cost and time consuming.

Sudhir Kumar, Advocate (Expert) 29 March 2014
s/ 133 Cr PC may not be needed in this case as you are being allowed to abate nuisance. You are willing to bear cost of abatement on the condition that they should not have free enjoyment of wood and other product of tree.

Since you are not the owner of land you may not be able to apply for permission.

Sudhir Kumar, Advocate (Expert) 29 March 2014
further, if you stay away from the greed of cut tree and move u/s 133 Cr PC then there will be order from SDM which will be complied by them. With that order they will then have money to cut the tree and may keep cut tree also.

In such case if they do so without permission of forest deptt they will be liable for action and not you