• Dumping of construction waste by neighbours causing drain overflow

Hi Sir/Madam,
I am not sure if this is the right platform to ask this question, if possible please advise.
I am writing to ask for some direction to handle the situation wherein the drain for my building runs through a common passage along with 2 other buildings in the same locality. Somehow, the cover of that drain got removed and other people in the locality dumped their construction waste in that area which has caused drain water overflow and stagnation in that area thereby causing inconvenience to other people using that passage. 
Shall I contact the Municipality/Corporation dept. to clear the block and add the cover to the drain, please advise?
If expenses are required to be paid, do I have to pay in full or just 1/3rd as that drain is common for the 3 buildings (1 of which is mine)? How to intimate the owners of the 2 buildings?
Please advise. Thank you,
Asked 8 years ago in Civil Law

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15 Answers

1. write a complaint to the municipal authorities

It is the duty of the municipal authorities to clear the drain of the city and to keep the city clean

If o action is taken by the municipality then move a petition to the High Court ad seek direction for the municipality saying that the construction waste is hazardous for the life of the members living in the vicinity.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Muncipal corporation would not clean drains in private property

2) expenses have to be split between3 building

3) get estimate of costs then collect contribution from 3 buildings association and then clean the drains

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes, you must contact the Muciplaity and bring to thier nptice the illegala citivty of your neighbours.

If the Municipality does not take enough steps you can file writ petition in high court.

Another expeditious and efficacious remedy is to file a case under section 133 of crpc before the local Magistrate whereby the magistrate would direct the local police to take steps and stop the nuisance.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Client,

Complain the municipal office.or to the higher authority.

Clearing may take time but ad interim, at least request them to cover the drain and stoppage of waste disposal.

For early disposal of problem, u may assist payment but not necessary, request other building owner to cooperate.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It is not in a private property therefore I am telling to move a complaint before the municipal authority.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Inform the muncipal corporation about over flowing drain

It is responsibility of corporation to clean the drains

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Proper and free flow of waste disposal is unavoidable duty of municipality.

take some neighbors and request the local counselor.

AND if the fitly water is scattering on the main roads, than it needs active attention and solution.

file few complains by different member of area, it may stress fast solution of problem.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Move a complaint before the concerned Municipal Corporation which is responsible for the upkeep etc. of this drain. Seek a rectification from their end.

In case, the above fails, you along with a few neighbours who are also aggrieved, can approach the High Court by way of filing a Public Interest Litigation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes, that is why it's the job of the Municipality to stop the nuisance and pollution as well.

You can lodge complaint with pollution control board as well.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It's the.duty of municipal corporation to get it cleared you need not make any payment if it's in a public road... If it's on private property you may have to pay them

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1. You are required to lodge a complaint letter to the local Municipal Corp[oration alleging that due to the breakage of the drain cover, the rubbish is being dumped on it blocking the drain causing the overflow.

2. Also report that such over flow has caused mosquito breeding ground for which there is a high risk of spreading the decease Dengue under copy tom the Ministry of Environment.

3. If the said drain cover was constructed by the Municipality, it will reconstruct the same. Even otherwise it will reconstruct the broken drain cover to avoid spreading of the dengue decease which has taken the form of an epidemic now a days all over India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. If the drain is not on a private property (land), then the Municipality will reconstruct its broken cover.

2. Send the complaint as explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Hello sir , the complaint has to be made at the muncipal corporation.. You don't have to pay any amount to the municipal authority as it is a work of civic authority to maintain the city drainage system

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can very well approach the local civic body with an application for getting this cleared.

The expenses cannot be borne by you if it is not due to your fault.

You can even mention the activities of the neighbor who can be held responsible for the drain blockage

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Sir the drain that is overflowing is on the main road where it joins with the main drain pipe, its not in private property, in this case is it suitable to notify the municipal corporation?

The municipality is the authority to undertake this clearance work, if no action is taken by the staff on this, you may approach the Municipal; Commissioner for this.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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