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Pawan Kumar   26 July 2020

Motor/borewell just infront of my plot

Sir,

We have taken a plot in patancheru in a big venture. In front of our plot there is a footpath of 3 feet thereafter there is 30 feet road.On that 3 feet footpath the venture owners dug a bore well and its related current motor was also fixed on that 3 feet footpath. When we told their office staff to remove the bore and current motor on the footpath they have not responded. They told to talk to their chairman only in this regard. Sir kindly advise as the legal position in this regard that is whether we can ask them to remove both the bore well and current motor as both are in front of our plot. Actually the water tank is situated after 4 to 5 plots away from our plot.

If they won't agree can we file a civil case.


Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 July 2020

1. IF the "layout plan" of the plot defines the foot-path, THEN a borewell or motor pump cannot be installed on the foot path.  Complain to the local Municipal Authorities and try to get your problems resolved.

2. In India, borewell just cannot be dug up without taking proper permission from the Municipal or Revenue authorities.  Find out if such permission was taken, before proceeding to complaint or do anything legally.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     26 July 2020

The availability of water at a particular point is important and if water is available in other plots allocated for tanks, it should have saved them money and control also.  Make a formal complaint to Chairman through advocate and depending on such response your local advocate can guide you.  Getting electricity connection, owning that part of area is also important, and take guidance of your local advocate in getting such information from Panchayat/authority as to who owns such area where the borewell and motor is situated etc.,  (I am glad to hear that underground water at Patancheru is fit for human consumption now )

Dr J C Vashista (Advocate)     26 July 2020

Presumably the bore-well is for agriculture purposes, isn't so ? In that eventuality no permission is required from any revenue authority to dug a bore-well.

Even if it is for agriculture purpose it can not be permitted in common passage.

Discuss and sort out amicably, if other party do not agree file a civil suit for permanent and mandatory injunction.

 

Pawan Kumar   27 July 2020

Thank you all for your valuable suggestions. I will be proceeding as said by you and will be here again for your help if required.

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