I am living in USA almost since 2012. I own agricultural land in a village in Gujarat. I am not decided now but I wish to return to my country. My neighbouring land was sold by owner to a builder and a residential society was built in around 2010. I was living in a distant city from my land and I used to give contracts to farmers and take lump sum money on yearly basis. After my migrating to USA the contractors would refuse to do farming as the neighbouring builder had put up illegal underground drain to release society's waste water in to my land parcel. In fact originally water level was flowing from my land as well as other surrounding lands including part of village(Gamtal residences) through his land as natural process since that was the natural flow for storm water finally getting passage into a distant culvert and ultimately into a river a few kms away. However the builder had raised level for construction and put up under ground drain to dispose waste water of the society in to my land. So whatever waste water was collecting in his land he put it into mine through underground drain constructing collection open sump in the society premises. The Village has Gram Panchayat. The Builder, when asked to stop illegal drainage and on persisting, he tried to lure me into buying the land but would not stop waste water. I requested my contact persons in the village but the builder hired some city goons and terrified them. Since then my land remains underused and I incur regular loss of revenue. Now I can not sell the land due to his gutter and collection of waste water pond into my land. What is my remedy particularly when I am living in a far off country and can not afford to go there every now and then. I am 75 years now. If I hire local lawyers the builder may purchase them out to disrupt proceedings as I am absent there. He has already hired some local goons to threaten my connections there. Now What is my remedy? Can I directly approach Gujarat High Court where I am a beat safer from builders' manipulations with legal proceedings and machinations with the remedial measures?.
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File writ petition in HC against builder and gram panchayat
2) take the plea that builder is releasing waste water in your land and inspite of repeated complaints to panchayat no action has been taken by the panchayat against the builder
3) that. Builder be directed to install underground sewage system so that water does not get released into your land
Dear Sir,
1) You can execute a POA in favor of any of your known/familty to over look your land dispute case and work of your attorney.
2) The artificial drainage operations, though permissible within reason, have in the present instance resulted in causing you land damage far in excess of what it was subjected to under the natural servitude. Thus you can file a writ against the same asking for the drainage to stop and mandamus against govt entities who have not taken any action against your complaints.
3) You can also file suit for permanent injunction and damages against builder.
Thank you
- Approach a big lawyer or law firm.
- You can execute POA for any family member for the case.
- You file writ in HC against both builder and gram panchayat.
- Take injunction order immediately.
It is civil remedy.
- You can lodge your compliant against that builder online as well without coming to India, or can authorise some relative in India for the same.
- Further, you can also lodge your compliant before the Senior citizen on the ground of NRI status against that builder .
- Further, after lodging these complaints , if there is no response then can send your compliant to Gujrat High court Justice as well or can also file a Writ petition .
The question is not how old you are but it depends on how you are going to manage the situation.
You may be having your sons or daughters or sons in law or any one else to support your cause.
You cannot approach high court for removing this civil nuisance created by him by making his drainage or waste water to flow into your land just because it is a vacant land.
He cannot misuse the situation in his favor.
If he has the support of goons, then you may have to approach the competent authorities with proper complaint either by yourself or through your advocate.
He is taking the advantage of your absence and playing havoc on your vacant land.
Her is trying to put pressure on you to sell your land to him at a very cheap price.
If the local civic bodies are not cooperating with you or not taking proper action on your complaint to remove the drainage he built making the drainage water to flow into your land, then you can file a suit for mandatory injunction against him restraining him from allowing his weaste water or drainage water to flow into your land and also to remove whatever such facilities that he has made for easy flow of such waste water into your land.
If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.
Any action including filing a suit against him before the court competent would require your presence/constant and regular follow up with your advocate, you cannot just like tht remain silent after filing the suit believing that the advocate will take care of rest of the issues.
