05 August 2020
My neighbour has a big old tree which is very close to our house. The branches get removed occasionally, but the tree itself is old and is posing threat to our house especially during monsoon, with the heavy rain and wind. We did file a complaint to panchayat, but didn't hear back from them. We talked to the owner as well. But he always ignores. If the tree falls and destroys the property, is there any legal action that can be taken to get compensation?
06 August 2020
Removal of of a tree which is likely to fall and thereby cause injury to persons living in the neighbourhood can be done by the Executive Magistrate of the district or the subordinate officers, under the Section 133 of the Criminal Procedure Code.
If the danger is so imminent the Executive Magistrate can direct removal of the nuisance with in a short time. That is probably the most effective remedy available for an aggrieved person who is living under the threat of any dangerous tree that may fall on his house or the people around causing injury.
In some states like Kerala the panchayat raj act also authorises the Village Panchayat to remove such nuisance when any complaint is received from any aggrieved person.
07 August 2020
First of all, thanks a lot to everyone who responded to the query :) We did try through panchayat in the past, but this owner guy has some influence there, so that didn't quite work out in our favor. But now sub collector has issued an order to cut down trees which are posing threat, or else the land owner will be responsible for the losses that might happen. Monsoons are pretty strong here in Kerala and we have had a lot of mishaps like this. This is why the order has been issued now. Anyway, now the owner has somehow agreed to remove the tree.