05 July 2020
Ours is a narrow public road in corporation residential area, where right side is facting the back of all houses and the left side facing the front of all houses. The issue is that the left side people ask for construction of open drain through left side of the road and the right side people ask for the construction of open drain through right side of the road. So, is there any corporation rules regarding the construction side of open drain in public roads?
06 July 2020
There is a valid legal dispute between two factions of people, one group demanding construction of the drain on one side of the road and the other on the other side.
This dispute will have to be decided not based on the number of people on each side, but based on the the principles of natural flow of water along that road.
The right person to decide such a dispute as to which side of the road have to be used for construction of drain is an environmental engineer. The guiding principle in taking a decision on this matter should be the sound scientific principles of environmental engineering but it should not be considered a matter of individual discretion.
Since municipal bodies do not have environmental engineer it is better the matter to be decided by the engineer of that municipality as he is the officer responsible for recommending the issue of development permit for construction of anything within that area.
06 July 2020
No yardstick can be there to decide such dispute. Try to have amicable settlement. Can discuss with local lawyer and try for a stay from court in case amicable settlement not arrived. Due to such step construction can be delayed for long..
08 July 2020
Who (authority) has sanctioned layout plan ? Do you have copy of the sanctioned plan ? If not, obtain a copy, show it and seek professional guidance of a local civil engineer or architect. Legal experts may not be of any help.