• Rain water way blocked

Sir, I had purchased a plot and the owner of that property had left a way /path for the rain water to flow. Now this area is illegally acquired by my neighbour and a compound wall is built blocking the water path. I got the plan clearly showing the .path .Pl. guide me in this regard .can I make a police complain and demolish it if panchayat is not taking any action???pl. Help...
Asked 2 years ago in Property Law from Panjim, Goa
1. Police complaint will not do.
2. You have to file a civil suit for mandatory as well prohibitory injunction.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. You may file a police complaint, albeit it may not produce the desired result as police has limited authority to deal with such matters as they do not result in violation of penal law of the country. 

2. The more efficacious remedy would be to move to court and apply for injunction against him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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As it is not a criminal matter/offense  complaint to police will not bring desired result.You need to file suit for permanent and mandatory injunction.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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police complaint will not have any effect . you have to move court against your neighbour for necessary reliefs
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
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file a suit in civil court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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1. First file a criminal complaint for illegally occupying the area which blocked the waterway,

2. Then file a declatory suit about the area blocked alongwith an application praying for an injunction restraining your neighbour in blocking the waterway.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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