• Interference in property

There is a fence made with government financial help between my property and my neighbours .Their houses is on some height and they discharge their waste water forcefully in my property where there is not any drainage over the top of the wall. Even sarpanch/tehsildar did not help.
Is it legal in law to discharge waste in other properties?

I don't make case in court .
Can I make another wall stick with government made wall to stop flow of their waste water?

And what important points I need to consider which court can ask me if I file a case?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

Neighbour cannot discharge waster water into your property

2) issue legal notice to neighbour ru stop discharging waste water into your property

3) if he refuses file suit and seek injunction restraining neighbour from discharging washer water into your property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. It is absolutely illegal to discharge waste water in another property.

2. So to stop this you can file case u/s133 crpc in the local Magistrate's court.

3.Another Option is to file civil suit for injunction.

4.Before doing anything to lodge complaint with localpolice.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. It is illegal to discharge waste in the property of another. You can file a FIR against your neighbour to the jurisdictional police station. If this does not make him mend his ways then you may file a suit for permanent injunction against him in the civil court.

2. You are free to make another wall on your property to stop the flow of water.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Even though life could not exist without it, water can be quite a pain when it causes serious property damage. Water is great at seeping into those areas of our home that are most vulnerable and causing the most mayhem possible. But when water damage may have been caused by a neighbor, serious disputes can arise.

In order to succeed in a lawsuit against a neighbor, you will need proof showing that your neighbor did something to his land or property, that the alteration was unreasonable, and that the alteration changed the natural flow of water onto your property.

As per common enemy rule, Landowners can take whatever steps they wish, such as building dikes or drainage ditches. If surface water runs from your neighbor's land onto your land, causing more damage than natural, you are still expected to protect your land from this water.

But as per civil law rule, if your neighbor built a drain pipe in his land that drained more surface water onto your land, your neighbor would be liable to you because he changed the natural flow of surface water.

Assess the situation and proceed with whatever suits you.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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