My Neighbor has a big man maid pond [water body] this pond is damaging my Residential house. My house plan has been sanction by district authorities [ Zila parishad]. I am living since 20 Yers. My house’s foundation base has been damaged. Ponds has no boundaries and no guard wall, the water has been overflown and damaged my house. The damage is severe and still shown. My mother is a senior citizen and living in fear. Please suggest what action I may take.
Need to resolve the issue faster as the rainy season in approaching.
You should issue legal notice to destilt the pond as water is over flowing from pond and damaging your foundations
2) if no action is taken file suit seek court orders to direct neighbour to build retaining wall on all sides of pond to destilt the pond
Act as mentioned hereinabove
Sir, Thank you so much for tour response. Can you please advise approx time it will take to issue Legal Notice and file case suite to resolve the suite. Also it will be helpful if you can say the approx expenses.
Legal notice should not take more than 3 days or so
2) suit can be filed on courts reopening after lock down
3) legal fees vary depending upon lawyer engaged by you
have you spoken to your neighbour, try talking to him about your situation, and ask him to build barriers around the pond asap. if he is not ready send legal notice and file injunction suit and civil suit for and claim damages
Sir, please help me with following questions. 1. In case of neighbor, say he is Financially weak and not able to build retaining wall on all sides of pond. What will be the option? Although he has leased the pond for fish farming to a fish farmer. 2. Can I send the notice withing the Lock down period ? What will be the cost of sending Legal Notice . 3. What will be the initial/basic evidence ? If I take some pictures and videos can this be helpful ? 4. What will be the average approx time for resolving simile case suites? The neighbor will try to raise his health issue as he is also aged more than 60.
1) you can send notice during lock down period by email
2) legal fees vary depending upon lawyer engaged by you for sending legal notice
3) take pictures , video recording
3) suit may take years to be disposed of depending upon pendency of cases in trial court
4) you can get interim reliefs in a month or so
1. That fish farmer will do the construction part.
2. Yes legal notice can be sent in the lockdown, charges depends on particular lawyer you select to send the notice.
3. Yes pics and videos will be sufficient.
4. It might take around 1yr
The legal notice will give you nothing.
The seepage of water causing damage to your property is nuisance for which you must lodge a complaint with local police station.
Thereafter file a suit for declaration and mandatory injunction.
This takes time but during the pendency of the suit the court can grant you interim relief of temporary injunction.
You can file a suit for mandatory injunction and easement rights seeking to direct the neighbor to prevent his pond water seeping through your property and damage the same.
You may issue a legal notice first to the neighbor instructing him to construct check boundary walls to prevent his pond water flowing into your property.
If he's not agreeing or complying with the instructions then you may approach court for relief and remedy.
The flow of pond water is not a sudden incident hence you may have to wait for the courts to reopen for normal functioning in order to file any case against the neighbor.
You can consult a local advocate and cause to issue a legal notice immediately.
The time taken for disposal of the civil suit in this regard and the advocate fee cannot be predicted owing to several factors involved in this.
1. Let him say that before court, the court will decide further legal action on it to provide you the desired relief.
2. You can very well send the legal notice even now.
The charges for legal notice shall be intimated by your lawyer.
3. Yes, the photos and videos are the substantial evidence to file and fight the case.
4. It may take three to four years to get the case disposed, nothing can be predicted about the time taken for disposal of the case.
- Since the act of your neighbour is against the law, hence you should firstly lodge your complaint with the police and higher official under section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injurious, commits mischief.
- If no response , then file a Mandatory injunction suit against him , and thereby also claim damages for your loss
You can file suit for declaration and mandatory injunction in a civil court as well.
1. If he is poor and cannot afford , then try to settle the dispute amicably
2. Yes , a notice can be sent during lockdown , but the notice should be from a lawyer ,
- You can book a call via kaanoon.com to contact me , for the same .
3. Yes
4. Try to solve your problem , otherwise , due to that pond you house may be collapsed.
You need to file a civil suit and take injunction for the same on ground of the damage to your house.
Yes you can send the legal notice you can contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. We can discuss the fees for the same. It may be resolved at legal notice stage otherwise you can file a suit for the same. Suit takes some time but you may her interim relief through injunction
ponds should not be any closer than 10 feet from the foundation of a house and probably farther than that.
you may issue a legal notice through an advocate and file a civil suit for an injunction and also claim damages, An injunction would prevent ur neighbor.
yes, during lock down you can issue legal notice through an advocate. it is better to consult your local lawyer for better advice and file application in Court for appropriate relief according to Law.
File a suit for mandatory injunction in the competent civil court to direct your neighbour to ensure that your property is not damaged in any manner due to his pond. You can also seek damages in your suit.
1. It does not take more than a day to issue the legal notice.
2. Presently, due to lockdown courts across the country are hearing only urgent cases. Since your case satisfies the parameters of urgency you can file the suit with or without serving a lawyer's notice to your neighbour.
1. The cost of legal notice will be the fee of your lawyer, which we cannot predict.
2. It takes time in the civil courts, but if you get a temporary injunction ex parte then you will win the battle on the first hearing.
Complain to police. Causing damage to anyones property in any manner is a criminal offence.
He has build the pond than it is his responsibility to erect walls to stop water flow. If he cannot than due to finance, fill the sand in pond.
Legal notice can send anytime. Can deliver through what's app., email etc. Fees depend on lawyer.
Pictures and videos are only good evidence.
He is creating disturbance, so his excuse of whatever nature will not work.
Dear Sir,
You are suggested not to wait and sent the legal notice during lockdown period itself. The cost/fee of the same will be as per the lawyer you engage. The plea by the neighbour of being financial weak will not be correct in the present case and you may file the case of injunction against him. If required, the court may appoint the local commissioner for personal visit and making the report as evidence. Also, the still and video photographs will be sufficient to prove the case. The case may be taken as senior citizen case and hence will be solved in about one year or so.
You need to issue notice to your neighbour to take steps to curb the over flow of water and construct retaining wall to the pond on all sides and demand him to complete it within one week from date of service of the notice.
If he fails to respond to your notice, you need to file suit praying the court to direct your neighbour to construct regaining wall surrounding the pond.
Further you can lodge compliant with Municipal Corporation against your neighbour if the pond is made without permission and being use for unnatural purposes by him.
If the corporation fails to take action, you can file writ petition against the corporation also.
Response to your second post:
For issuing notice, it shall not take more than 2 / 3 days if you have material available with you.
Time taken to resolve the case, it is next to impossible to say, however, it directly depends on the pendency of cases before the concerned court (approximately it may take from 5 to 10 years)
The expenditure revolves on the Services of Advocate you take.
Response to your third post:
1) There is no excuse and he cannot take such a plea.
Collect information / details of lease (of pond given by him to farmer) and mark copy of complaint to Fisheries Department also alongwith municipal corporation (for illegal use of land)
2) Yes, you can. Better take services of Lawyer from your place.
It depends on his experience and goodwill, cannot say.
3) Collect all the material pertaining to lease of pond to fisheries, lease to farmer, photos of pond etc., photos and videos with date and time will be of utmost importance, they will support your case.
4) It depends on the pendency of cases before the concerned court.
Depending on the priority of cases, it may take some where around 5 to 10 years (tentative).
He cannot take excuses, when he has let out the pond for commercial use and raising revenue / earning profit. Whatever, plea he takes he has to support / substantiate it with material proofs.
You have got a very good case, use all proofs you have and collate further proofs / evidences as many as possible to support your case.
1. Has the pond been dug after your constructing the house?
2. If yes, then has any approval/sanction been availed by its owner while digging the pond beside your house?
3. Lodge a complaint before the local Municipal Corporation for directing the owner of the pond to construct a guard wall or fill up a portion of the pond adjoining your house marking a copy of it to the local police station and also the related Commissioner of Police.
4. Keep evidence of their receipt of the said complaint which you can send by speed post preserving the postal receipt and collecting the track record from the net after 3/4 days. Post office is open now.
5. If you find no corrective action with in next 30 days, file a Writ Petition against the Municipal Corporation and police alleging their inaction making the said owner of the pond as the private party, praying for a declaration upon the private party to construct a guard wall or fill up the adjoining portion of the pond within next 15 days otherwise the Municipal Corporation will do the said job with police protection and levy the cost upon the said owner of the pond..
Send the complaint immediately by email if you have all their email addresses or send the complaint by speed post as advised in my earlier post..
1. You can post the complaint within next two days.
2. Thereafter you can file the Writ Petition before the High Court against the Municipal Corporation immediately after the lock down is over.
3. Just before lodging the complaint, you can also send a notice to the owner of the pond calling upon him to construct guard wall or fill up the part of the pond adjoining to your house to ensure that you have never raised tihs topic to him earlier.
1. For financial weakness one can not damage other's property. He can sell of part of his pond to construct the guard wall and filling up part of the pond adjoining your house will not take much money.
2. You can send the notice and also the complaint to the Municipal Corporation and police during the lock down period and file the Writ Petition as soon as the Court opens up.
3. Photographs and also written report of a civil engineer inspecting the sopt should be considered as important evidence in support of your allegation/complaint.
4. Write Petitions are decided the fasted. Filing other cases might take around 2 to 5 years rhough the time period for completion of a court case can not be predicted. A post 60 years old person does not get the legal license to cause damage to other's property.
1. Send a legal notice to your neighbour for recovery of damages caused due to overflow of water from his pond and ask him to make boundary wall around pond to avoid water leakage.
2. If he doesn't comply with legal notice then file a suit against neighbour for recovery of damages and direction to get pond repair.
3. If he cannot bear the expenses then either you can file execution petition in court or help him repair the pond to save your house from damage.
Hello,
Send him a legal notice as early as possible and file a suit before the civil court.
Yes, you can send the legal notice during the lockdown period but can file the case only after the court reopens.
Regards
