1) file suit and seek court orders to direct neighbour apartment owners to repair the seawage line
2) you can also fileprivate complaint before magistrate under section 133of crpc for removal of nuisance as it is injurious to health
Sewage flowing from neighbor residential apartment - Hyderabad
We have an issue regarding sewage flowing in our residential house premises located in Hyd. This has been a frequent complaint since 3 – 4 years every time has been a temporary fix. As a neighbor we have tried multiple times speaking to them to get this fixed, but it’s not working. The flow of sewage is because of leakage from an adjoining residential apartment with inefficiently planned sewage. There absolutely no ownership of the issue with no representation from the apartment society, main issue being no registered society. We tried reaching out to municipal authorities (GHMC) they say since it is related to residential they will not be able to intervene much here. Any simple corrective measures would help
Asked 8 years ago in Property Law
Religion: Hindu
5 Answers
Suit for injunction is to be filed in the court.
Also if there is some error on part of the government or municipal corporation then you may file a writ petition for appropriate direction.
Regards
litigation is long drawn process but you can get interim reliefs from court
2) you can seek interim orders to direct neighbour to stop discharge of sewage from his apartment
3) if municipal corporation refuses to take any action file writ in HC to direct municipal corporation to take action against neighbour apartment owner for discharging sewage into your residential premises
When sewage water damage may have been caused by a neighbor, serious disputes can arise. The civil law rule, also known as the Natural Flow Rule, imposes liability on any landowner that changes his or her land in a way that changes the natural flow of sewage water across the land.
If your property has been damaged because of the carelessness or negligence of your neighbor, you may be able to collect compensation for your damage and losses. You may also get a court order that directs your neighbor to stop doing whatever it is that has caused sewage water damage to your property.
If you can prove that your neighbor is responsible for water damage that you suffered, you may be able to collect damages for:
The cost of repairs or replacement of sewage water damages
Any medical bills directly related to the water damage, either for physical injury or mental distress
Punitive damages if you can show that your neighbor acted maliciously.
If the local civic body is disowning the responsibility, you may file a suit for damages in the civil court against the neighbor with the evidences of the damages you suffered.
This is a potential health hazard which must be causing public nuisance to the commuters and the residents in your house. Public nuisance is punishable under section 269 IPC. The best option for you is to report this matter to the Police. With there intervention, things could be set right.
