Plants in terrace cause leakage to the first floor

Querist : Anonymous (Querist) 06 January 2024 This query is : Resolved
Dear sir,
We are living in an apartment in Chennai. Our house is in first floor and above it is terrace. One of the apartment owner has kept many plants in common terrace area and it is causing leakage inside our house. He is not accepting that the leakage is due to the plants kept in terrace and refusing to remove the plant pots from terrace. Could you please suggest what is the procedure to deal with this in the apartment?

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If plants on your building's terrace are causing water leakage into your first-floor flat, and the owner refuses to address it, several steps can be taken. You can raise the issue at the Annual General Meeting (AGM) of your society and suggest temporarily removing the plants to check for leakage. Additionally, you can file a complaint with the association, police, or local civic body, and potentially seek a mandatory injunction to have the plants removed, provided you gather sufficient evidence.

kavksatyanarayana (Expert) 06 January 2024
You shall put your problem in AGM of the society. Ask him to keep the plants somewhere and then see whether there is leakage or not.

Sudhir Kumar, Advocate (Expert) 09 January 2024
Application to SDM under section 133 CrPC for abatement of nuisance.

T. Kalaiselvan, Advocate (Expert) 14 January 2024
You can give a complaint to the association or the police and the local civic body.
After taht you can file a suit for mandatory injunction to remove them but before that you may have to collect the evidences to prove your case.

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