Leakage of sewerage water from neighbourer's house
Guest
(Querist) 16 May 2015
This query is : Resolved
Respected Experts,
I am Punjab. For around last four months sewerage water, in large quantity, is leaking into my house from the adjoining house, whose level is much above ground level of my house,through common wall. Though We are not at talking terms but we have personally, as well as thorough common friends requested our neighbourer to get his sewerage pipes corrected to stop flow of sewerage water to our house. Our neighbourer, who is a very rich & influential person has refused point blank to do anything to stop the flow of sewerage water from his house to our house. After observing patience for four months and making efforts to get solved matter in a friendly manner due to refusal of neighbourer to solve the problem we made a complaint to M.C Officials, who have also closed our complaint under influence of our neighbourer. We are facing immense harassment.
Please advise what to do under these circumstances.
Sudhir Kumar, Advocate
(Expert) 16 May 2015
file writ mandamus in High Court again the Municipality.
Or
consult your lawyer on the feasibility of filing application to SDM u/s 133 of CrPC (some lawyers do not like to know of this provisions so do not lose heart if one lawyer advises against this. Request your layer to see if the ration= can be drawn from Supreme court case in Ratlam Municipal Corporation
Guest
(Querist) 16 May 2015
Thanks for your advise Sudhir Sir.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
You may follow the advise rendered by expert Mr. Sudhir Kumar which seems to be an alternate solution to the problem.
Guest
(Querist) 18 May 2015
Thanks Mr. Kalaiselvan
malipeddi jaggarao
(Expert) 19 May 2015
File a Writ of Mandamus against Municpal authorities as advised by expert Mr.Sudhir Kumar.
Guest
(Querist) 19 May 2015
Thanks Malipeddi Sir.
Guest
(Querist) 19 May 2015
Respected Experts,
Municipal Corporation authorities on being contacted by me told me that leakage is not from municipal pipes and it is from within person's personal premises. They say that under PMC Act, 1976, there is no provision to take any action regarding such problem and therefore they can't take any action.
Sir,
I don't know that they are right or wrong. In case they are right then what action will be most suitable to be taken? Kindly advise.
Sudhir Kumar, Advocate
(Expert) 19 May 2015
PMC Act is available at
http://www.ielrc.org/content/e7614.pdf
Read section 44, 220, 295. 324,
Guest
(Querist) 20 May 2015
I am extremely thankful to you Sudhir Sir.
