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Kailas Shetye (x)     04 June 2021

Neighboring people's chicken destroying crop

I have a farm in Maharashtra.  there are some houses adjacent to my plot.  Some of them have chickens with them and they do some damage to my crop.   putting boundary to 10 acres may not resolve the issue as it needs lot of money.

Does our law support anything to avoid such damage to crops?

Thanks and regards.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 June 2021

You can use electric fencing around your land and inform to the neighbour about the electric fencing precautions. Display a caution board on your land. 

Vasundhara Singh (Student)     05 June 2021

 Hello!  

The hens in your neighbour's property interfering with the right of enjoyment of your property will be an act of private nuisance by your neighbour. The remedies to your problem can settlement between both the parties. You can opt for out of court settlement where both parties can negotiate and come to a common solution. If this remedy is not appropriate for your problem, a suit to claim damages can be filed before a civil court to recover the compensation for loss suffered by the aggrieved party.   

A court can also grant an injunction which is governed under the Specific Relief Act stopping the nuisance party from further carrying on the act of nuisance or ordering him to repair the consequences of the wrongful act but this remedy is temporary and is granted only at the discretion of the court.  

The extra-judicial remedy which can be opted by the aggrieved party is Distress Damage Pheasant in which if the man finds animals of other person causing harm and damage to his land and property, he can detain the animal as security for the payment from the neighbour to recover the cost of damage caused to him.   

Best Regards,       

Vasundhara Singh      

Law Student    

1 Like

Kailas Shetye (x)     05 June 2021

Thanks for the reply. I had installed electric fence earlier as this is the cheapest option of fencing.  Over a period ppl keep destroying that.  I dont stay here full time.  lot of houses adjacent to the property.   Also for chickens to stop coming in, I need to have many wires close to each other.  I was looking for a solution something like take them to court so that instead of playing around with people with the cheap 20-30 chickens, they might stop that as they can not afford to spend time and money required in court case.

Thanks and regards,

Kailas Shetye 


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