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Aritra Show (Student)     27 December 2013

Neighbour creating problem

Hello,

My family is in a big trouble. Our neighbour had been planted few big trees like Mangoes(2 tress), Jackfruit(1 tress) & coconut tree (1). These trees are adjacent to the common boundary wall.However, they planted the trees in their boundary area. Now, these trees are creating many problems. Because of these trees there is blocking of sun's ray,fresh air in the kitchen.Not only that, small insects & flies which are mainly found in the mango trees are entering in the kitchen as a result these insects are mixed up with food causing an unhygenic environment. Also, the roots of these will create a big financial loss to us, bcoz of the roots our house which is our only assets may get damaged/cracked.

We have requested them many times to cut down those trees mentioning those above problems which we are facing.But instead of a steady action they started using abusive & filthy languages against us.even they threat us to beaten up in the mid road.We have already made a GD against them.Police suggests us to drop an application to the forest dept regading cutting down of those trees, as forest dept will give permission. Unfortunately, forest dept is telling us that they can't give permission to cut down trees as there is no provision in law.

My ques is is there any provision in the law that in the above circumstances trees have to cut down? If yes, please provide me that reference so that i can give that to the forest dept . Please help me out form this trouble. Please tell me what should I do in this situation.

Thanking you all in anticipation.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 December 2013

all the trees would not have grown to its tree-hood overnight, it would have taken many years even decades, especially mango trees and jack fruit and coconut trees will take long years to grow as trees, so this isnt a recent problem.  I wonder how the trees will obstruct the flow of fresh air to your house and also how the pleasant tree atmosphere turn hostile to you? As you said that they have planted the trees well within their own property, if you object to that you will be held liable for the consequences, instead enjoy the nature's gift through your neighbor's courtesy.  There is no provision in law that you can ask them to destroy the nature's treasure for your convenience.

Avadhesh Paliwal (advocate)     11 January 2014

you suit a case against the party for loss of your property and stop the air and sun rays...........and court can order for partiallly cutting the tree which is coming in your boundary.......

regards,

avadhesh Paliwal


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