• Compensation for using our property

Dear Sir, my neighbor is passing the drainage water to my empty land without my permission. I said him once not to pass the water to my land but he is not even ready to listen my words. May I get a compensation for using my land? And also how to stop his nonsense? And if I start a case how long it will take to finish the case?
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
1) issue legal notice to your neighbour not to empty drainage water into your land . 

2) if he refuses to listen complain to muncipial corporation that drainage water has been emptied into your land by neighbour and accumulation of said water in your land will result in spreading dengue and other diseases .

3) you can also obtain an injunction restraining your neighbour from emptying drainage water in your land from competent court
Ajay Sethi
Advocate, Mumbai
46867 Answers
2772 Consultations

5.0 on 5.0

1. You may issue a lawyer's notice to your neighbour to stop emptying the drain water to your land as it harms your land.

2. If in spite of the lawyer's notice being issued he refuses to mend his ways then you may proceed to file a lawsuit for injunction against him to restrain him from draining his water to your land. 

3. Prior to resorting to the legal measure enumerated in the preceding para you may address a complaint to the local municipal corporation, albeit complaints to corporation in such cases turn out to be futile.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1. you should first file a complaint to the nearest police station and also forward this to your Municipal/village /panchayat office.

2. Incase if no action from the local authorities ,file a civil suit  , seeking injunction and compensation ,after sending a legal notice.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. Try to solve it amicably.
2. If not then file suit for declaration and injunction.
3. You can complaint with local municipal authorities also,
Devajyoti Barman
Advocate, Kolkata
13174 Answers
175 Consultations

5.0 on 5.0

1. This is the usual problem faced by most of the owners of vacant land. Send him a legal notice asking him to stop this nuisence within 2 days and pay some amount for the damage already done,

2. Lodge a police complaint also for creating public nuisance in your land,

3. Lodge a complaint before the local municipality/Corporation/Panchayat calling upon them to arrange for drainage system and restrain the neighbour from creating the said nuisance,

4. File a damage suit and file an application for a stay order for releasing drainage water in your land,

5. You can also file Writ Petition before the high Court against Municipality/Police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

A. Issue a legal notice to against your neighbor to stop the nuisance and mention the consequences of infringement. And try to solve the problem by amicably. 

B. Take a photo copyof the nuisance and submit before the local municipalities. Or lodge the complaint before the Police station, in case if the police fail,  approach the Magistrate Court to take cognizance under section 156(3) or Crpc.

C. You can also approach the Environmental Office with respect to the same or approach the Court for Injunction.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

Yes.You can claim special damages while filing case against your neighbor for mandatory injunction restraining him from using your land using for passing his drainage water.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

file an application before executive magistrate under section 145/146 of cr.p.c. he shall issue a notice to opposite party ant call him to show his right over the property. if he fails to do so an order shall be passed in your favour. this is the chepest and fastest procedure.
you can also give an application before nearest police station and police can callan him under sec 34 police act. but this is not more effective than above.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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