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abhijit majumder (practicing company secretary)     08 August 2025

Filling of pond

To the respected fellow experts

During monsoon  boundery of a pond was increased  attributed to natural erosion caused by heavy rainfall.

The boundery now extend to neighbour's land.

Does neighbour have any right to fill up that extended portion of pond fall within his boundery.

If not under which law he will be prevented?

Abhijit



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 August 2025

Whether the neighbor can fill in their pond, even if expanded by heavy rain, depends on local regulations and the specific circumstances. Generally, if the pond is on their property and doesn't cause issues for others, they likely can. 

However, if the expansion has altered drainage patterns or caused flooding on neighboring properties, there could be restrictions.

For more clear opinion in this regard, the proeprty details, i.e., whether the pond is his private property or government is to be ascertained and also the local rules may have to be considered if any proper opinion has to be rendered. 

P. Venu (Advocate)     08 August 2025

Does the neighbour  filling up of the pond which has extended to his area in his possession cause any convenience. 

It is not necessary that every aspect of human interaction be covered by some laws. In such matters of common interest, it is equity, not the laws, that provide guidance.

Dr. J C Vashista (Advocate )     09 August 2025

Local laws / rules apply to the facts posted, which do not contain any legal dispute.

It is better to seek professional services of a local prudent lawyer for proper analyses of facts and necessary advise/ proceeding, if you find some inkling / point of dispute / legal problem.

abhijit majumder (practicing company secretary)     11 August 2025

Thanks to the fellow experts for shareing their valuable views.

Regarding the queries raised by Sir T Kalaiselvan, Advocate & Sir P Venu, Advocate, :

The Pond is on private property of say Mr.X and the adjascant land whereon pond extended after heavy rain is also on the private property say  Mr.Y.

Fill up of the pond by MrY may initially may not cause  any inconveniance , however the soil or other materials used to fill up the pond(portion within their land) may effect flora & fauna of the entire pond.

Regard 

Abhijit

 

 

 

 

 

 

 

 

 

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