Pushkar (DR) 29 November 2011

Water passage running through private property

Hi,

There is a 4 ft wide water passage running through my property through which the excess water runs during the rainy season. It has been built using stones by the local government authorities. The people of the a colony situated directly behind my plot want to use this as a passage to get to the main road. I want to build a compound wall, however the locals are saying that as it is a government property, they will not let me build. I have no intention to block the water exit route. I intend to leave the mouth open for the water to exit but build a wall all around so that no one can use this as a walkway passage. This water passage is in my bhumidhari and in my land. Can I build the compound wall on both sides of the waterway leaving just the water exit route open. Can the locals ask the government to put slabs on top of this waterway and make it a walkway without my consent. Plz suggest....

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3 Replies

Advocate Vishnu (Advocate) 29 November 2011

Dear Pushkar,

Seek a permanent injunction and build a compound wall around your property. If the local body claims any easmentary right, just indicate the adequate precaution taken by you to ensure effective drainage of rain water.

Pushkar (DR) 29 November 2011

Thanks. Also, a follow up. Can I build on the actual water passage. I mean can I break the paved stones of the waterway and build on it or I have to leave the 4 ft passage and build it right along the edge.

Also, regarding the permanent injunction. Who do I apply against. The colony society or the local body. Also, can I get an injunction prohibiting anyone from using the waterway as a walking passage?

Advocate Vishnu (Advocate) 29 November 2011

Dear Pushkar,

Just build a compound wall around your property. If any civic authority object to it , ask him to get a court order. If a summons is issued then the issue can easily be defended in court by explaining the steps taken by you to divert runoff water.