Damage to property, harassment, non-cooperation by neighbour
My neighbor constructed his house last year. During his construction he dug bore well in his yard. But since it is a row house & bore was close to my wall, my floor cracked and tiles came out. During his construction, paint of my compound, gate & tower is also spoiled. Total cost to repair is approx Rs. 25000 - 30000. Neighbour is not paying for the damage. Can this be a legal case?? I asked an advocate but he says unless geologist certifies that floor is damaged by digging of borewell, case can not be filed. No one is certifying the same. Please help. we have applied in police station also but no solution.
I can easily damage his floor and paint on my own to seek revenge, but want to know consequences of the same. this is a crime. So pls. guide.
Asked in Criminal Law from Aurangabad, Maharashtra
in view of above issue, whether i can file civil or criminal case for damage to my property?
Asked 2 years ago
1.You can file suit for declaration and mandatory injunction.
2. In the same suit you can claim for damages as well.
3. Do not go for damaging his property as that will be extra -judicial measure which is a punishable offence.
4. In the suit as advised above apply for temporary injunction also so he can not continue to use the same during the subsistence of the suit.
5. File criminal case u/s 430 of IPC on this.
Lodge a complaint to the local Municipality/Corporation and file a Suit for Declaration and Injunction in Civil court claiming damages.
It is advisable that a company be filed against the misdemeanors before the municipal corporation. Simultaneously the police must be informed and an injunction suit be filed against them.
1. Your neighbour can be prosecuted and punished for committing the mischief of damaging your property. If the police does not initiate his prosecution then you can file the criminal case directly in the court.
2. You can also file a lawsuit for damages against your neighbour to recover the cost to be incurred on the repairs and also compensation. You can also seek a stay order to restrain him from causing further damage to your property.
3. If you damage his property as a measure of revenge he can also prosecute you, which can culminate in you being sentenced to imprisonment.
1.there is strict measure have to be taken while digging borewell .it seems your neighbor violated Municipal law and Maharashtra borewell act
2.your nieghbour has committed a punishable offence so to prosecute him file a complaint in municipalilty and lodge an FIR in the police station.
3.You should also proceed to recover the damages in a civil court by filing a recovery suit
I hope you have taken the photos of all to produce before the court as evidence. As per law you should provide setbacks on all four sides of your property. The same applies to your neighbour. This could become a point in this case. But these do not forebid you to proceed against your neighbour. Start with serving a legal notice. Claim damages equal to 3 lakhs or more in the legal notice itself which will include mental tortures, inconvenience etc elaborate it. A person committing a tort cannot get away just like that.
1) If the police is failing to investigate or helping to solve the dispute for a complaint before the Municipal Corporation about the wilful damage and possible lack of adequate precaution while digging the well
2) File a civil suit claiming damages and while doing so seek injunction against the use of the well.
3) Do not indulge in retaliatory measures as it will invite unwanted legal troubles for you.
you can file civil suit for compensation because you have right to enjoy easement out of his property and also you have right to stop such kind of activity. his act comes under tortuous act and compensation shall be given to you. (m.c. beard vs bredford corporation )
1. Find out whether digging borewell in residential area, adjuscent to constructed houses, is allowed as per your local municipal rule or not,
2. In most of the municipal areas, such digging of borewells are not allowed by law without wriiten permission from the municipal authority,
3. If it is not allowed as per local law, file a criminal case and also a recovery suit against him,
4. You can take certificate of a civil engineer to certify that the damage in your building has been caused for digging of the said borewell,
5. You can file the said criminal and civil case also based on the said certificate issued by the civil engineer.