• Agriculture water well dispute

My name is Anil Patidar, and I work in a private job. I own agricultural land in Mandsaur district, Madhya Pradesh. I have a dispute with my neighbor regarding access to water from my well. I filed a complaint with the police three years ago. The police summoned him, but unfortunately, they knew each other, and instead of resolving the issue, the police threatened me. They gave me an ultimatum: either share the water with him or agree that neither of us use the well until a decision is reached. They even threatened to imprison me for six months due to the upcoming elections, jeopardizing my job in the private sector. Fearing the consequences, I reluctantly agreed to their terms, which they made me write and sign on paper.

Now, for the first time in my life, I find myself in court. I had no idea the case would drag on for so long—it has been three years already. The judges keep getting transferred, further delaying any decision. What options do I have now? If my case continues in court for another 10 to 15 years, I will suffer without water. The three-year gap is due to my work in a different state, which only allows me to visit my hometown occasionally.
Asked 1 year ago in Property Law
Religion: Hindu

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5 Answers

In your continuous absence in the scene of dispute,  the opponent will take an advantage over you. 

The written statement given before police is not maintainable in court. 

What is the case going on in the court,  whether a civil case or a criminal case filed by you. 

The civil case no doubt will take time. 

T Kalaiselvan
Advocate, Vellore
90026 Answers
2497 Consultations

Litigation is long drawn process 

 

you can request court for short dates as you are not able to water your agricultural land due to pending suit 

Ajay Sethi
Advocate, Mumbai
99825 Answers
8148 Consultations

Well is your land. Why don`t you filed counter claim and obtained injunction against neighbor. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Client,

The best way to get access to your well is through injunction. An injunction can prevent your neighbour from interfering with your access to water. Under Specific Relief Act, 1963, you can seek a permanent or temporary injunction to restrain your neighbour from obstructing your access to water. You can file an application for an expedited trial under Section 21 of the Civil Procedure Code (CPC), 1908, which allows for the expeditious disposal of cases involving urgent matters. If you believe the police acted unfairly or abused their power, you can file a complaint with the Madhya Pradesh Human Rights Commission.  Another alternative you have is Alternative Dispute Resolution (ADR), under which you can either opt for mediation or arbitration or You can also approach the Lok Adalat, which is an alternative dispute resolution forum in India. Lok Adalat can settle disputes amicably and faster than regular courts. Gather all relevant documents, including the written agreement you were forced to sign, and any communication or notices related to the case. Seek legal advice from a local lawyer who specializes in civil disputes and property rights. They can guide you on the specific legal steps to take in your jurisdiction. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

- You can file an Injunction suit before the Court for restraining him from using the said water Well . 

- Further, you can approach the High Court for quashing the complaint/FIR filed against you. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

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