We have a water connection which was done more than 20 years back. We are having a lancestral andlocked property which is more than 100 years old. On the east we are having a gate and we need to pass through the housing society to reach the road. On the west we have another gate passing through another landlords property which then leads to the road. We are fighting a legal case with the society for our ancestral access which has been blocked. We have got a temporary injunction which allows us to pass through the society for the time being. Now the problem is that we need to change our water pipeline as we are not getting the required water which happens to pass through the landlords property in the west. This is objected by the landlord as she is not allowing the pwd to dig in her land and is well politically connected. Kindly guide.
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Dear Sir/Madam,
You are first suggested to send a legal notice to the landlord in west for allowing the water access to you and if not done by him. Please clarify him that you need nothing more than the water supply for your residence. If not permitted by the landlord, you may file a case of injunction against him also.
Right to property is a not constitutional right. PWD has power to dig connection with prior notice to owner if land. And agaisnt any resistance can take legal action. Seems PwD is not using its power.
File another suit for directions.
One need to take permission from collector or Municipal corporation officer. Because PWD people are ready to work on it. You can guarantee neighbor that after digging if any road work is there or any land should do table land piece you are ready to do.
You may have to file a suit for mandatory injunction seeking the relief of easement rights by necessity.
The pleadings should clearly mention the reasons that you approached court
You may have to insist on the need for this essential amenity which is otherwise not possible if the neighbor objecting to get the pipeline repaired or replaced, which is passing through his land/property and you may also give an undertaking to compensate his damages or by repairing the damaged are to restore its original status.
You may collect the documentary evidences to support your pleadings to convince court about your necessity and the relief you seek through court.
Hi
Since you already have an injunction for easement rights(right of passage), you can submit an Interlocutory application asking for permission for replacement of old water pipeline with new water pipe line and take permission from the court.
In the Interlocutory application, you need to additionally add PWD as the respondent and ask the court to direct PWD to replace the old water pipeline connection with new water pipeline connection.
Courts will definitely oblige on the grounds that right of air, water, light are unfettered rights and these cannot be blocked by the neighbours on any grounds whatsoever.
Hope this information is useful.
You would need court orders to direct your neighbour to permit replacement of water pipeline as you are not getting diffident water supply due to corrosion of pipeline
contact a local lawyer
Hi
File a specific performance suit against the PWD and that land owner
1. File a Civil Court suit, against the Landlord, the Society and the PWD authorities, and seek Court directions to PWD for change /repair the water pipe lines. Also seem permanent right for the same under the easement act, for all your futuristic purposes.
2. Do not bother about anybody having high "political connections", more so since scores of high profile politicians were jailed (Lalu Prasad, Chidambram, others .... ). Hence high political connections do not work in a Court of Law.
- You should file a suit for Mandatory Injunction against the said landlord , after making party to the PWD , on the ground of easement rights , for allowing the PWD to dig in the said land and to restrain the said property owner from interfering in the work.
You need to approach court for seeking the said orders against landlord
Since the landlord is not allowing the PWD to dig in her land the remedy in your hands is to file a fresh suit for permanent injunction against her to ensure that she does not block the work of PWD.
1. You should file another case under Indian easement act against landlord of the land in your west.
2. The suit will be claiming the access for repairing the water pipeline passing through her land.
You should go through the usual channel or municipal corporation and appeals upto the commissioner. If the administration is not cooperative then file a writ petition in the high court for speedy redressal of your grievances.
You have to take permission from the Muncipal Or Local Civic body for your pipeline. You do not have any right on neighbour land property..
You have to file another case to get permission from court to do all necessary underground work for the pipe lines. This is an easement right. You will get similar order from court.
