Water boring on street

Pawan Kumar Sharma (Querist) 18 August 2023 This query is : Resolved
DEAR SIR,
मेरे सामने वाले ने घर के बाहर गली में पानी की बोरिंग कराई है जिसे सही से गाड़ी आ जा नहीं पाती और आए दिन लड़ाई होती है बोरिंग को कैसे हटवाया जा सकता है

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A neighbour has installed a water boring in the street, causing obstruction and disputes. Legal avenues include applying to the SDM under Section 133 of the CrPC for nuisance abatement. You can also complain to the local civic body, potentially with a joint petition from other residents. If these fail, consider legal action for easement rights and mandatory injunction to have the obstruction removed.

Sudhir Kumar, Advocate (Expert) 18 August 2023
give application to SDM under section 133 of CrPC for abatement of nuisance

T. Kalaiselvan, Advocate (Expert) 18 August 2023
The neighbor has created an obstacle in the public road by digging bore well for his own use and convenience.
This is not only an obstacle but also an act infringing the easement rights of all the users of the pathway and also an illegal act punishable under criminal law for grabbing the government property.
You an give a complaint to the local civic body and get it removed, you cn ask the other users of this road to sign the petition and give a joint petition to remove this nuisance from the public road.
Failing which you may file a suit for suit for easement rights, mandatory injunction against the neighbor seeking direction to the neighbor to remove the obstacle and give you the rights of easement.
You can implead the commissioner of the local civic body as necessary party for proper adjudication in the proposed suit.,

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