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No objection certificate

(Querist) 16 October 2022 This query is : Resolved 
Sir, we 6 family would like to connect our sewer line with the main line. But in between the mainline and our house, there is another house just on the roadside. Our sewer line has to pass through his land else there is no other option to connect with the main line.
After several request made by us to the owner of the house, he has eventually issued NO OBJECTION CERTIFICATE allowing the Public Health Engineering Department to pass the sewer line through his land. But the department could not immediately start the work due to the monsoon season. Now after elapse of about 4-5 months the department is ready to start the work, but the same house owner now says that he will not allow to pass the sewer line now without any reason.

So I humbly request the learned members of this platform to guide us in the subject matter. What should be our next course of action against the person who has signed the NOC and now revert from the decision.

Thanking you.

Quick Summary
A family needs to run a sewer line through a neighbour's property to connect to the main line and obtained a No Objection Certificate (NOC). However, the neighbour has since withdrawn permission, causing delays. The advice suggests that since the NOC was a personal agreement, legal recourse might be difficult and lengthy. The recommended approach is to try and resolve the issue amicably, possibly with a financial settlement and a registered mutual agreement, to avoid prolonged legal battles and ensure the work can proceed.

kavksatyanarayana (Expert) 16 October 2022
The NOC is given by the land owner, it is a common NOC and you can not fight against him. It is better to settle the issue amicably or pay some amount by executing a mutual agreement between you and the land owner and getting it registered to avoid legal complications.
Dr J C Vashista (Expert) 18 October 2022
It is personal decision of the landlord, s/he may or may not allow sewer line to pass through his / her land, which is not a legal dispute.
T. Kalaiselvan, Advocate (Expert) 18 October 2022
As rightly suggested by experts above, you may better enter into a mutually agreed compromise even if it is for some consideration amount and get the task completed, because if you intend to take it legally it may drag on for years and there is no guarantee that you may get a favorable decision as well.


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