Dear Learned Lawyers,
My father (83 years) owns a 1.5 acre plot in the interior of Mangalore city which is situated on top of a hill. Half of this property is uneven and is at a gradual slope where a stone border was made, from where on the neighbors property begins. Recently the neighbor without taking my father into confidence or even informing him has made a deep vertical excavation to a level of 50 feet down and leveled it to a flat place for him to convert it into small sites and sell at a profit. Despite warning him verbally and complaining to the Town Municipal Council, he continued with the work. Now, as expected, due the heavy rains a part of my father's property has sheared off (landslide has occurred) along with forest trees. Since the gradient is sharp with big boulders therein, there is bound to be more landslide occurring in future leading to more loss of my property and a risk to inhabitants in the vicinity down.
My father subsequently complained to the Tahsildar, Forest Dept., and Police along with the pics of the excavation. Only the police dept. took immediate action and asked the concerned party to come for a meeting wherein the concerned party said they will give a guarantee in writing that they will repair all the damage before continuing with the work further.
Now with respect to the above I have a couple of questions and requests.
1. Can a FIR be filed for trespass of property against the offending party due to the loss of my partial property (fallen off in the landslide) as a direct result of excavation work?
2. I would like to have them give an indemnity bond duly notarized on a 200 Rs non judicial stamp paper.
For this, I will be very grateful to you 'learned lawyers' if I could know what specific "matter" to be written in the 'indemnity bond' to totally safeguard my father's interests for any further damage to property and loss of property or life ensuing from further landslide from my father's property, and to ensure that the party does not renege its promise later.
Thanking you in advance,
Sincerely,
Rudolf R.
