my neigbour is cutting my neem tree
Mihir
(Querist) 30 July 2011
This query is : Resolved
I am having a neem tree in my openspace , it is not very big but only a smaller one. now my neighbour is cutting the leaves of that without my permission again and again. the tree is very helpful to me as well as to environment,but my neighbour is not understanding about it's uses and is just complaining about falling of leaves and improper sunlight due to the tree. the tree is not leaning towards his house but it is completely covered in my house only, only some top branches are goin littlebit in his house. now i want to know whether he can cut the leaves of the tree legally? and if not then what procedure should i do in order to teach him a lesson??
Advocate Rajkumarlaxman
(Expert) 30 July 2011
See its a question of easementary rights. as you state he can cut down the leaves legally. and if as you state only few branches are protruding in his premises, before he cutting the same you yourself cut down and make it clear to him. why fight for nothing. though your useful tree he is not in position to understand the same.
Mihir
(Querist) 30 July 2011
but sir try to understand, i am a person who is fully dedicated to environment. To cut even a small leaf is like killing some human being to me. So I am not at all ready to cut-down even a single leaf of mine.please suggest me something so that i can take some legal action against my neighbour.
ajay sethi
(Expert) 30 July 2011
1) you have stated that tree has been planted in your compound but only some branches are protuding into neighbour premises
2) in my opinion he is enttiled to cut the braches and leaves if it is creating a nuisance upto the boundary wall
3) your neighbour has not hacked the ftree . if he had hacked the tree then permission of tree officer in mumbai
R.Ramachandran
(Expert) 30 July 2011
Dear Mr. Mihir,
In today's world where every one is least bothered about environment it is quite heartening to see persons like you who are fully committed and dedicated to environment.
Having said this, you should also remember that the other person (your neighbour) has also some rights. As clearly advised by Mr.Ajay Sethi, if that branches which are in the neighbour's compound are a nuisance value to him, he can definitely have those branches pruned. I do not think that there is anything illegal about it, so long as he does not cut the tree itself. First he cannot do it because it is in your compound. If anybody does such an act, then they are liable unless they have prior permission/sanction from the Tree Officer concerned.
Mihir
(Querist) 30 July 2011
sir,
thank you. for your valuable support.
i'll see to that i can bring some proper solution without cutting any part of tree.
i am really very thankful to mr.R.Ramachandran to give a proper solution and to appreciate the feeling of mine towards environment.THANKS EVERYONE FOR HELPING ME.SATYAMEV JAYATE. JAI HIND.
