Respected Sir, A very Large Plot with proper Boundary Wall from All Side and Single Entrance Gate was divided into about 30-35 smaller plots. A provision of 14 feet wide Internal Road was created leading to each plot. In doing so, this internal road is Touching the Boundary Wall at one to two places but Not Crossing it at all. After this, all plots were sold through deeds in 1995. We purchased a plot near boundary wall. MAP of our Sale Deed Clearly shows that Road is Closed towards Boundary Wall side and it is open towards other side for internal movements only. In 2005 another plot were sold behind our boundary wall. Parallel to our boundary wall they separately created a 12 feet wide road and have completely separately route for their movement to outside world. At One place, their 12 feet wide road is just behind OUR boundary wall and other side of it(our boundary wall) Our internal road is Closing. Things are remaining absolutely normal, they have their separate road for movement and we have our separate road for movement. But Last Year, during rainy season, a portion of our boundary wall collapsed. Taking advantage of this situation, they started using our 14 feet internal road for their day to day activities. We never given consent for it. This disrupted our privacy and due to unwanted movement we feel more insecure. When we tried to Erect our Boundary wall Once Again they are opposing it. They are saying that roads are there on both side of OUR Collapsed Wall and so a wall cannot be created here and it is now and onward a connected common road for all. Further, they are using their influence and pushing the Municipality to construct a permanent drain, passing through our collapsed boundary wall and our internal road, for disposal of their waste water(Toilet/Septic Tank as well as household). If this will occur, this has to pass just behind my Well. Any such drain will have very high possibility to contaminate water of my Well and eventually to pollute the entire groundwater of the locality.They forcefully want to connect their drains with our drains. WE HAVE NOT GIVEN ANY CONSENT FOR THIS . Please clarify, (1) Their arguments are violating which sections of law and what corrective measure we should take? (2) How we can secure our right to property and all conditions (attached with the land at the time of its purchase) as mentioned in our sale deed? (3) How can we again erect broken boundary wall? If they use force against it, then which authority to approach? (4) How to stop any such proposal of polluting waste water drain construction (a) passing just behind my well, and (b) without our consent crossing OUR boundary wall? (5) Any other suggestion, you deems fit to my case? Regards and Thanks!
Dear Client,
Since, left with no help from municipality and also from society - if formed.
File civil suit under order 7 rule 1 for injunction to use ur portion road. Copy of sale deed/map will prove the location as it was before collapsed. Annexed pics also if available to prove the actual previous location.
Consult some good civil lawyer in ur city.
Also use ground of polluting waste water drain construction (a) passing just behind due to collapse and inconvenience.
1) you should file suit seek court orders restraining neighbour from creating obstacles in construction of boundary wall
2) rely upon copy of your sale deed to show boundary wall is closed next to your plot
3) contact a local lawyer
you can file a petition before the concerned civil court for restraining your neighbours from unreasonably interfering in your peaceful use and enjoyment of your property.
you are entitled to erect a boundary wall on your land and you may approach the police in the event your neighbours try and prevent you from constructing the same.you can file a nuisance case aswell.
you can also approach the municipality officer of your area and file a complaint with him.
In your fact situation, you must file a civil suit seeking injunction against your neighbours from restraining you to construct a collapsed boundary wall. Do make the municipality as party to it. further, while filling the suit u must attach the sale deed and photographs of the route to make ur claim effective.
1. In these circumstances you may file a suit for permanent injunction against the neighbour to restrain him from creating any obstacle in the construction of the boundary wall and thereby not to stop you from peaceful enjoyment of your property.
2. Engage a local lawyer.
1. If what they intend to do is harming the possession and enjoyment of your property then this is civil injury.
You may file a perpetual injunction or mandatory injunction suit citing all such lacunae and deprivation of your privacy rights.
2. A tort, in common law jurisdictions, is a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. The person who commits the act is called a tortfeasor. ... The victim of the harm can recover their loss as damages in a lawsuit.
3. You can file a mandatory injunction against them seeking them to restrain from interfering in your possession and enjoyment and also to not obstruct the re-erection of the boundary wall.
4. Through an injunction suit
5.
