Use of open space land adjacent to house
ADV-JEEVAN PATIL, MUMBAI
(Querist) 17 January 2015
This query is : Resolved
Survey No.32 open space land(agreeicultural) attached to my neighbor mutually used for 50 yrs by us and Survey No.33 open space land attached to our house used by my neighbor putting one shed for storage.
Recently quarrel eruped that our house waterpipe outlet passing by his shed blocked by neighbor. We told him to remove since water is not passing as usual and it is our land. We asked him to shift. But he refused to do so. We lodged police complaint to remove blockage. Police advised and transferred case to Tahasildar. Tahasildar advised for survey,which was conducted and found land Survey 32 is his and Survey land 33 is ours. Still he refused to shift his shed to his place Survey.32 from Survey 33. The case in Tahasildar's office is on 30-1-15. My queries are:
1. What Tahasildar will suggest
2. If he refused to shift his shed.
3. Do we need to file civil & criminal case(under which Sections).
4. We are reluctant to approach court as lengthy litigations. Any other remedy.
Experts kind advise is solicited
Jeevan
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
Approaching civil court of law with a suit for mandatory injunction is the remedy in sight.
