• Road laying by municipality

I am living in Dharmapuri town governed by Dharmapuri municipality. My buildings are situated in low lying area of the town. Whenever the road laying is carried out, the height of the road increases. Now whenever the rains come, the water enters into the building. Now again the road is going to be laid which will create lot of problem to myself and others living in my street. What is the remedy for this?
Asked 6 years ago in Civil Law

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12 Answers

There is no legal solution to your problem 

 

2)you cannot  restrain muncipal corporation from laying the road which increases height of the road 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

The houses were built when the level of the road was very low. Then the houses were on higher ground.

Now the due to the continued road building the houses are now on a lower ground.

A way for the water should be made drains etc which could help you..sewer systems etc.

An application in this regard must be given and in case the administration is non responsive file a public interest litigation.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

approach the local authority with a request  or you can file a PIL. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

See municipal lays road as per there approved plan and therefore also it has to check the water should not collect at one place so therefore firstly get approved plans for road from the municipal authority and further if road is as per permissible limits then you have to increase hight of the house .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a complaint to municipality if not answered you can file writ petition

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Get some other remedies in mind instead of thinking that to get stop of street/road laying as this is a public convenience programme if you thinking so then you have no option but to file a writ before the Hon'ble High Court to get relief otherwise nothing will happen , all the members of the mohalla/street can file a common  writ.Better is to get the drain of the side be get repaired and low as can.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Client,

As per your case, you need to file a suit for Mandatory and permanent injunction in the appropriate court.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Either ask them to arrange water drainage facility or approach court for relief.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Write to the authorities. If they fail to respond approach High Court. 

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

It is the duty of the owner of the property that he has to make the property in such a way that it should not be affected by the rain waters it is normal process that the living at the road will make it little bit higher then the previous laying and you need to make proper arrangement that the rain water should not enter in your property in normal course you cannot stop the municipal corporation  make the road but if you think that you are right and municipality should not make the route you can file petition in this regard in the High Court to get the direction for municipality

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The remedy is to file a public interest litigation in the High Court to seek directions to the municipality to ensure that roads are not laid in a manner which is detrimental to the interests of the residents. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

There is no remedy for this except you raise any barricade to your house compound to stop the rain water entering into your house.

Legally you cannot stop this hence you may have to safeguard your house property yourself by planning things accordingly.

Laying of road is an essential activity of the local civic body and it is a common benefit for all hence you cannot object them doing so, better look for alternative arrangement instead of agitating over the issue.

 

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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