LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Reshmi   11 April 2016

Injuction order

My neighbor has created a drain pipe into my plot. I brought it to the notice of Police but they have not done much. I am planning to proceede legally. I get mixed reviews regaring filing suit. 

I found that there was an existing drain pipe in my neighbors plot entrance which goes under the road to a near by stream. My neighbor has blocked it and filled up his plot to 3 feet high. And now he built a pipe into my plot and hid it from sight. Also he does not seem to have followed the building permit rule by leaving the required clearance from the common boundary and 2 side walls, he constructed a 2 storyed building completely inside his 10 cents of land. Can I point out these and get a temporay injuction order from carrying out anything in his plot unless everything is corrected. He is planning to lease the ground floor for shops immediately. Or should I file a lawsuit against him? Which is advisable?



Learning

 8 Replies


(Guest)

1) Police force don't have jurdisction 

2) Approach Municiapl authorities relevant dept like drainage for making things straight. Practical thing will be tell him to make proper and underground and conseal the thing properly

3) I lack site understanding from words , But try to sort out with municipal authroities and him and you because access to municipal drain etc. will be required and permissio too from municiapl authorities to touch their drain

4) Don't waste time in court , already 3 crores pending cases try to sort out mutually 

 

Reshmi   11 April 2016

Local police accepted my complaint and makes me apper in the station where as the neighbor has appeared just once. Any officials who I approached seems to be on their side, they have bribed the officials, they got the permit by bribing the officials. When the system is corrupt, how do I get justice?

Any officials who visits my plot have accepted that my neighbor has done wrong but nobody is willing to help.


(Guest)

If he is entering your property you can move under IPC tresspass etc but this will take all in wrong turn permanetly and your relationship will be from bad to worst in reality. Remeber criminal case can not be withdrawn if FIR etc. is filled . No personal compromise allowed so disadvantage of criminal matter you can not compromise like civil matter even in court. You have tell lie on oath eetc

KS Johal   12 April 2016

I fully support what Madhu has said above.

Rohit Subbayya (Advocate)     15 April 2016

Unless you can prove that your neighbour entered into your land and caused substantial damage, the police cannot register a complaint of tresspass against him. Further, as you have already mentioned, since he has managed to hide the drain made in your plot, it will be difficult to convince the police. And finally, the police complaint will eventually lead you to Court where only the wrongdoer will be punished i.e., simple imprisonment/fine, but that will do nothing to resolve your problem.

Depending upon where you are located - you can file a complaint to the local municipal bodyfor the flouting of the construction byelaws and damage to the existing drain etc., and if they fail to take action, you can appeal to the appellate body/High Court as the case may be. (this depends on which area you live in as different states have different municipal laws.)

Finally, you can in fact, file a suit for mandatory injunction directing him to remove the illegal drain made in your plot, for damages and for perpetual injunction restraining him from interfering with your peaceful possession and enjoyment over your plot. In the same case you can obtain a temporary injunction restraining him from letting water/sewage through the illegal drain that he has constructed. 

Reshmi   24 April 2016

Thank you sirs for the detailed reply. 

I have got the pipe exposed, the pipes opening into my plot was hidden behind construction wastes that they had put along my side of the boundary wall, the waste was set since it was mixed with cement. I got some people to remove it all along the boundary wall and the pipe can be seen from my plot. 

I will complain to the muncipal, let me see how it goes.

Thank you once again for replying.

Reshmi   10 May 2016

I complained regarding the flaws in construction of building, the authorities accepted my complaint but I dont see any action yet. I approached a lawyer to file an injuction. My lawyer suggested to give a criminal case against the negihbour since he is not willing to come forward and said it could speed up the case. He also said that a civil suit can also be filed simultaneously asking for compensation. If I file a criminal case, can he counter file a false criminal case against me. Are there anything I should consider before filing a criminal case? 


(Guest)

Myself weak in criminal matter and not competent in it.

Criminal matter in such case is not good option. It has lot disadvantage 

Which state you are from ? Asking this question because there is Lokshahi din in Maharashtra where you can meet ward incharge Asst. commissioner then municipal commissioner .

When you meet Asst. Commissioner or appeallate authority then concern department who have cleared the construction project will look into the problem and see to it that problem is solved without troubling you. Rather in my opinion while giving permission necessary steps City Town Planning/Engineering department person must have taken /order .

Additionally there are rules at time of construcing or repairing which City Engineer is very well use to . So he can help you legally. And City Engineer or person who approved construction /repairing has proper jurdisction to solve your problem 

Yours matter is small , why criminal and civil angle for such case I really don't understand try to sort out mutually .

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register