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Can I remove teak tree causing threat to life and property
04-Aug-2023 (In Civil Law)
Can I take the initiative to remove a teak tree which is remaining as a danger in neighbours compound. Complaint lodged with Muncipality,and neighbour.But he still refuse to remove the tree which is a threat to life and property.
No, unless you will be booked for trespass and other offences.
Please file a writ petition before the high court, if municipality is not taking any action on your application.
in several case, court has directed the municipality to take steps on urgent basis.
Please file a writ petition before the high court, if municipality is not taking any action on your application.
in several case, court has directed the municipality to take steps on urgent basis.
Helpful?
22+
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Hai,
If the tree is an iminent threat to your life and house that can be removed by an application to municipality and they will take ACTION FOR IT. The act says that the same is to be done within 7 days notice. The consent of the opposite party is not required if it amounts to imminent threat to life and houses. If the petition fails to bear fruit. Apply along with the copy of the latter petition before the concerned RDO n obtain a directory order to authorize & execute the cut and removal of the trees. The last option is to file a civil suit and claim for damages and threat,
Hope am upto your query
If the tree is an iminent threat to your life and house that can be removed by an application to municipality and they will take ACTION FOR IT. The act says that the same is to be done within 7 days notice. The consent of the opposite party is not required if it amounts to imminent threat to life and houses. If the petition fails to bear fruit. Apply along with the copy of the latter petition before the concerned RDO n obtain a directory order to authorize & execute the cut and removal of the trees. The last option is to file a civil suit and claim for damages and threat,
Hope am upto your query
Helpful?
10+
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Adv. Manoj George
Alappuzha | 200+ Answers
CONTACT NOW
Approach the high court against municipality and get a writ of mandamus to cut down the tree submitting that it is a treat to the safety of the public and most probably high court may be pleased to pass an order in this regard
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