• Regarding damage of irrigation culverts and asking compensation for not able to do irrigation

Dear Sir,
Kindly guide us what can be done on below problem.
This regarding the damage of irrigation culverts which was constructed for the irrigation purpose for 10 acre of land by irrigation department.Since its the only source for irrigation.The irrigation culverts has be damaged by fellow villager. We complained to revenue officer and also village panchayat. But both of them pushing issue on one another not solving it. Also telling we can't help to provide any compensation on this. 
So kindly let me know what steps we can take so that these authority can take necessary steps to take can action the person who damaged and also how and how much compensation we ask for the above thing. As there is no way this year the irrigation culvert can be constructed.
Kindly help us in this regard.
Asked 4 years ago in Civil Law

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17 Answers

Dear Sir, 

You are suggested to serve a legal notice on all the concerned persons/authorities and if the things are not solved, file the suit in the court praying for appropriate directions. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Respected sir ...

Revenue officer is made by the state government you can make complaint against all the culprit in the office of your District Revenue if they also not working properly then you have to move to complaint in the office of State officer for revenue and irrigation ...if then also they not work you can approach the court under the writ petition in the High court...For that you can also file public interest litigation...

 

These are the options available for you...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

File RTI application with revenue officer and panchayat as to what action has been taken on your complaint 

2) if no action taken file writ in HC to direct authorities to take action on your complaint and recover damages from accused 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hello,

  1. As the Revenue Officer and the Panchayat are not taking necessary steps and not resolving the issue, you must escalate it to the District Collector, with copies of the complaints that you have already filed and seek urgent action.
  2. Lt the authorities decide whether or not to reconstruct the culverts. As for compensation, you must calculate the loss incurred by not being able to cultivate due to lack of irrigation and arrive at an amount.
  3. You can also lodge an FIR against the person who caused damage to the culverts, willfully.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Hi,it is advisable to file a complaint before the office of  district commissioner 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You can file a writ petition against the irrigation department.

The writ petition can be filed seeking relief of getting the damaged culvert repaired immediately in order to continue the stopped irrigation works and also the relief of loss in terms of money suffered by you due to this damage.

Let the court decide about the relief and remedy s per law.

But before that you may have to approach each and every authority with a  written complaint or a legal notice sent by registered post to exhaust the remedies available locally before approaching court of law for this.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You need you file writ petition in High Court for direction to the appropriate authority. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

File a police complaint against them for damaging the property .

Also write the matter to the CM office online

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

This is trespass and doung damage to a private property. File a fir and if the police does not respond file a complaint case against the neighbour before a magistrate. For compensation file a civil suit.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

you need to file a Writ petition before the High Court. In the High Court you need to show that your fundamental rights has been infringed due to the irresponsible and negligent act of the Authority.. 

Further an Advocate's notice preferable from a High Court practitioner will be more effective to raise a cause of action in your case.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Seek information under RTI Act from the competent authority as to what action has been taken by it on your complaint.

2. Irrigation culverts are necessary for the purposes of irrigation. This is a facet of right to life under Article 21 of the Constitution of India. Writ Petition may be filed against the irrigation department to repair the culverts or recover the loss from the person who damaged it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi 

1) Against the villager who intentionally caused damage to the irrigation canal you should file the following:

a) Criminal complaint under section 2(a) of prevention of damage to public property act read with Section 405 and 409 of Indian Penal code

b) Civil complaint claiming damages and compensation (for loss of income) . 

In both the above petitions, you should implead irrigation department and collector as witnesses. 

 

Against the government authorities, you should file a Writ under Article 226,227 of Constitution in the high court, with a prayer to direct the irrigation department, revenue authorities and collector to take steps for repair of damages /  new construction of irrigation culvert. 

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You might be having copy of complaint lodged with Irrigation Department & with Village Panchayat, by appending the  copy of the same alongwith photos of damaged culvert, again address letter seeking action taken report.

In case if they do not respond, you file an application under RTI seeking action taken report from them against the said person who damaged culvert.

Inspite of above efforts, if you do not get any response, you have to file writ petition in High Court by enclosing the above complaints / documents & photos of damages culvert seeking direction against the Irrigation Department & Village Pachayat to take action against the person on your complaint and also to quantify and collect the damages.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

File FIR. Whoever causing damage to the works of irrigation and rendering it useless or wrongfully diverting it commits mischief and may punish for a term which may extend to five years and fine or both.

To avoid FIR, he will compensate you or by filing separate suit you can claim damages - cost of construction plus loss incurred due to damage of culvert.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- No body is allowed to take the law into their own hand , hence the said acts of the villager is amounts to offence.

- Hence, firstly you should lodge a complaint before the police and its higher officials.

- Further, you should give a written complaint to the said revenue officer and to the panchayat as well, with the copy of the police complaint or online complaint .

- If, no response , then you should approach the District collector and also Divisional officer after submitting all the complaints ,with the details of damages. 

-  If , even no response, then you can file a Writ Petition before the High Court , for seeking action against them , and to recover the damages. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Sir,

You have to approach all the concerned officers till concerned Ministry and a PIL may be filed and Court will direct the concerned department to make good the loss.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1. You should lodge a complaint with police against the culprits who have damaged the irrigation culvert.

2. You should also file a suit against villagers and revenue department for compensation and it will depends on the losses you are suffering due to damage. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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