Possible misuse of disaster management act
Querist :
Anonymous
(Querist) 03 July 2023
This query is : Resolved
There is a coconut tree near the property line that we share with a neighbour. This tree leans towards the neighbour's property, but away from their house. It is wholly located within our boundaries. It is a very healthy tree, with healthy roots and no sign of any disease. There are also two thick support cables that are tied to the tree to points in our property as extra support.
This tree was in it's present position before the neighbours bought this house and they were well aware of it. It was a non-issue for them then, but since they bought the house, they were pestering my dad to cut it down, which at one point led to a verbal quarrel. Since then, they use any means possible to have the tree removed. Now they are misusing the District Collector's orders on disaster management to have the tree removed, claiming that it poses danger to their life and property.
We feel that they are misusing a law to settle a score with my dad. Healthy, disease-free trees such as this take a very long time to yield, lasts for several decades and are resilient to even hurricane strength winds. With the support steel cables on it, there is no chance that the tree will fall in the neighbour's direction, even in the worst case scenario.
Do we have a recourse in this matter or are we simply forced to give in to their false complaint claiming relief? Any advice will be much appreciated. Thanks.
K Rajasekharan
(Expert) 15 July 2023
Your coconut tree and its entire parts should remain within your boundaries and should cross the boundary line any one else. That is the law.
Since there is tussle between both and if the neighbour continues with the demand, it is the duty of the District Magistrate (in Kerala Gram Panchayat has that power) to remove it at your cost.
In usual practice coconut tree may not be removed because the nuisance it will create is minimal.
But the law, in its strict sense, is on their side since they have the right to peaceful possession and enjoyment of their property, which includes the air up above their boundary too.
T. Kalaiselvan, Advocate
(Expert) 08 August 2023
If what you say are the facts supporting your contention and you strongly rely upon your contention to be true and fact, then you can give a statement making a mention of all the issues and your justifications to the authorities who has issued a notice to you.
Let the authorities take decision as per law.
