Air pollution due to sever septik tank inside the house
Adv Prashant
(Querist) 26 September 2015
This query is : Resolved
Dear All
warm greetings from Adv Prashant.
one of my cousin also resides in joint house and they have constructed sever septic tank in the courtyard several years ago and at that time there were no objection by our family members.
there are continuously smell passed from that septik tank and we continuously warn our cousin to repair the same but they dont take it seriously. even we have to stop fen during morning 6am to 10 am and even at all time whenever they use their washroom.
Please advise whether there is complaint under section 147 of crpc will be proper to take legal action or there is any remedy to stop this harmful gas.
also advised whether we can apply to court to issue order for permanent seal of that laatrines which are constructed inside the house and due to use of such lat... there are harmful gas effluent from septik tank....please advise thoroughly
Guest
(Expert) 26 September 2015
Dear Prashant,
Is not it a strange question from your side? You and your family live in the same joint house where your cousin lives, but you expect your cousin only to repair the tank and why not you or your family members take initiative to get that repaired?
Another question arises, can't you/ your family get a sewer connection from the local civic authority and get that septic tank filled for ever to avoid any pollution or stink?
A third question arises, why you prefer to file a criminal case instead of settling the matter by taking initiative to get repaired the septic tank or to get a sewer connection?
Adv Prashant
(Querist) 26 September 2015
1.even there are joint toilet already constructed from time of four father but that is old style and only we used it , cousin also have share in that but there are not using joint toilet and got made new style flush toilet and making sever tank in joint courtyard. they are not allowed us to touch their own toilet for repair.
2. once we tried to update our old stle to new one by inserting flush seat and pipes but they went to make fasaad ,
3.only a harsh legal way can solve this problum since we are very disturb by odour/smeel even several time during every day from that septik tank.there is no any remedy they are ready to agree mutually.
Guest
(Expert) 26 September 2015
OK, if you are really an advocate, you have to chose your own way of tackling the case. Otherwise, I am of the view, it is just an academic query of a law student. I am not convinced with your reply. With reference to your statement, "not allowed us to touch their own toilet for repair" a vital question arises, does your cousin continue to sit outside his toilet and don't allow your family members to touch his toilet? Even othjerwise also, as an advocate, you could have served a legal notice to your cousin.
Adv Prashant
(Querist) 26 September 2015
well, we are not on speaking terms , please advise whether :--
whether there is complaint under section 147 of crpc will be proper or IPC section to take legal action or there is any remedy to stop this harmful gas.
Please also advised whether we can apply to court to issue order for permanent seal of that laatrines which are constructed inside the house and due to use of such lat... there are harmful gas effluent from septik tank....please advise thoroughly
Rajendra K Goyal
(Expert) 26 September 2015
Being a lawyer, you can easily take such steps against them. However, in family matters amicable settlement is always advisable.
