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CA Lokesh Pokharna (CA)     08 August 2018

House damaged and become non liveble due to govt act

Hello all experts and gentlemen advocates ,

I want to present a live case which happened with one of close relative. i need advice from you all. 

Details of case : - Person is living in his house at village in rajasthan. Everything was going normal and fine.  Around 3 Years ago , Gram panchayat lift the road height by approx 8-9 inches. Now  in any heavy rains , water moves easily and speedy in his house due to  road level is lifted above and  his house is situated in front of mountains , however the distance is more than 1Km.

Unfortunately the rains were so extreme in 2 out of last 3 years ( even most worst in previous 50 years) and he suffered losses like  his shop stock was badly affected and now was non salable worth of  5 Lakhs, house property was also damaged for which he had incurred repairing expenses and most importantly the house now becomes non liveble due to reckless and continous water push in house in rainy season. 

His is continously sending letter to government officials , PMO, CMO but no fruitful result came. He is seeking either financial assistance to built new house at another place OR the road height to be cut down back so his current house will become liveble as like previously he was living. The house is ancentral, historical and builted in a haveli type since years ago and keeps importance in the village, however the person also done some interior work.

Kindly provide your input what he do ?  Should he move to high court for compensation Or road level reduction order. Can he claim compensation since the unwanted road work done by government ? Please reply and experts from Jodhpur High court are most welcome to fight the case.















 2 Replies

Isaac Gabriel (Advocate)     14 October 2018

Any law will not come to your aid. Better discuss with civil engineers in the matter.

Isaac Gabriel (Advocate)     31 August 2020

It occasionally happens while undertaking developmental measures.Normally these hadicapps also could be included in the scheme so as to ameliorate the affected. Therefore moving through local body or corporation.could  bear fruits.

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