• Neighbor objecting my to drainage of my house to street

I have constructed new house. At my backside there is no house constructed but plotting is done with 3 ft street coming at back of my house. The new owner who buy the plot and didn't construct any house are forcing and threatening me for court case having a gate accessing to street at the back and put surface drainage(parnala). I closed the date but now again threatened me to close parnala with the help of local police.. Can I have parnala or drainge at back to the street??
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

See you cannot let water flow in the street, you need to make an proper drainage for same either underground Pit is required or you lay pipe conecting it to the localmuncipal drainage line.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Open drainage not permissible neither faced at his plot. You can construct covered drainage connected to sewer.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

have you obtained plan sanctioned from muncipal corporation 

 

if if you have drainage at back as per muncipal corporation approval you need not bow down to neighbour pressure tactics 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1) Yes, you can have drainage as per your layout of plotting and wastage of water should be disposed in your city's main drainage line.

2) As per Easement Act you have full rights to dispose your waste water.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As per rules you have to construct a rain harvest system inside your house for parnala ( Rain water). 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

Yes you can have the same and if your are being threatened at the behest of the locals then lodge a police complaint and if the police refuses to lodge a complaint then file a case before the magistrate. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

  1. As per the information mentioned in the present, makes it clear that your fundamental rights of having a decent life is been hindered by your neighbour.
  2. If, the area is of street in nature then I suggest you to have use of that without being afraid of anyone. But, the land should not be of his part as prirvate one.
  3. You can file a suit for permanent injunction against him from stopping you to use the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. You can make gate as well parnala in your own and and no one can tasie any objection to it.

The police has nothing to do in this as this is a civil dispute.

2. In any event you should not have closed the gate. Now to stop his  further illegal activities file a suit for declatation and injunction in local civil court.

3. Lodge complaint with the local authroty about not lettting you use the drainage facility and public pathway.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You should make sure that your drianage do not flow into your neighbor's plot or property.

 

Section 7, Easements Act, under which every owner of a land has a right that the water of every natural stream which passes over his land in a defined natural channel shall be allowed by other persons to flow within such owner's limits without interruption and without material alteration in quantity, direction, force or temperature.

The land is subject to right of drainage and rights in respect. ... It means that a neighbouring property has the right to use any pipes and drains on the property for the flow of water and drainage.

Section 70 in The Northern India Canal And Drainage Act, 1873

70. Offences under Act.- Whoever, without proper authority and voluntarily, does any of the acts following, that is to say:--


(1) damages, alters, enlarges or obstructs any canal or drainage- work;


(2) interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under, any canal or drainage- work;


(3) interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal or drainage- work;


(4) being responsible for the maintenance of a water- course, or using a water- course, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in an unauthorised manner;


(5) corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used.


(6) causes any vessel to enter or navigate any canal contrary to the rules for the time being prescribed by the State Government for entering or navigating such canal;


(7) while navigating on any canal, neglects to take proper precautions for the safety of the canal and of vessels thereon;


(8) being liable to furnish labourers under Part VIII of this Act, fails without reasonable cause, to supply or to assist in supplying the labourers required of him;


(9) being a labourer liable to supply his labour under Part VIII of this Act, neglects, without reasonable cause, so to supply, and to continue to supply, his labour;


(10) destroys or moves any level- mark or water- gauge fixed by the authority of a public servant;

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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