Underground water pipeline dispute

Prodduturi Reddy (Querist) 22 June 2016 This query is : Resolved
Hello,

Could anyone help me or guide me next course of actions which i can exercise.

My Dad & his brothers got agriculture land from his father as ancestor property.

My Dad got land in two places and his brother is in middle with one big lot. My dad put big underground water pipeline from one place to another place to use water properly depends on the need.

After 5 years, now he broke whole pipeline and he is not even allowing to repair the pipeline which is going in his portion of land.

HE is not even ready to negotiate or discuss to sort out the issue. What kind of rights he has as farmer or brother?

Thanks,
Prodduturi

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Guest (Expert) 22 June 2016
Legally, your father don't have any claim for the pipe laid under the agri land of your uncle or to work over his land.

Only mutual agreement with the help of village elders is the solution.

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Guest (Expert) 22 June 2016
Bit difference of opinion

This is common problem , water for agriculture purpose moves from one land to other via pipeline or canal.

So at least in Maharashtra powers are vested in Thesildar in charge of Taluka to deal in situation where such dispute occurs.

So in Mahrashtra it goes to Thesildar such dispute (Under Mameladar Court Act)

You need to check from your taluka /block in charge.

Generally in agriculture sector (your case) order will be favorable to you only.

I feel still try to solve personally else this is only option. Such matters are not taken in civil court and in Thasildar office simple application or letter with court fee stamp works. (Ask typist out side thesilar office). Even I feel advocate is not necessary.

You go and present to thasildar that water moves from his land to my via pipeline and if water is stop then we cannot do farming etc.

Rajendra K Goyal (Expert) 22 June 2016
Discuss in detail with local lawyer.

Your father can not claim as right to lay pipe line from the fields of your uncle, he has been using facility in past he may have a chance to get relief.

Kumar Doab (Expert) 22 June 2016
If all efforts have failed, Meet the concerned official and resolve.

Or lean on your able counsel for legal recourse.

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