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After construction of road rainwater entering property
06-Jul-2023 (In Civil Law)
have a plot of land adjacent to a normal road (not SH or NH). The Public Works department modified the road few years ago and built a kind of drain (oovu) where the rainwater that flows along the road gets diverted into our property. We were not at the place when they built such a drain, we were outside Kerala, and therefore we came to know about that couple of months ago only. Now we were reconstructing a border wall (increasing the height of a pre-existing wall) and at the same time building a small wall (around 2 bricks height) against the drain that was created. All constructions are done on our side of the land. Unfortunately, we completed the construction when some one told us that we needed the permission from the Panchayat to do so. Kindly advise on how can we proceed further and also about consequences. During rainfall, all public water flows into our property because of this drain.
No authority ( PWD/LSGD) have no right divert the drainage through your property. You may approach the concerned panchayath with a petition to remove the drainage which is recently diverted into your property. If they didn't anything within a reasonable time, you have to approach a court of law by taking remedy by a civil suit.
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Adv. Hari C.G
Palakkad | 100+ Answers
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Facts posted suggests a remedy, but a definite suggestion is not possible as the facts posted lacks clarity esp, the line "Unfortunately, we completed the construction when some one told us that we needed the permission from the Panchayat to do so".
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Adv. P Venu
Vaikom | 500+ Answers
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Hi there,
For constructing a boundary wall abutting a public road, permission from the local authority is required. From your facts its clear that you havn't obtained the same. Now you can do one thing , approach the local authority with a request to regularize the construction that they normally will do. Of there was any wall existing then also you need that permission.
With rgard to the drain pl make a complaint before the authoriy concerned for appropriate action. If they fail to do so we can approach the court for avoiding the nuisance caused.
Regards
Adv. Sudhinkumar
For constructing a boundary wall abutting a public road, permission from the local authority is required. From your facts its clear that you havn't obtained the same. Now you can do one thing , approach the local authority with a request to regularize the construction that they normally will do. Of there was any wall existing then also you need that permission.
With rgard to the drain pl make a complaint before the authoriy concerned for appropriate action. If they fail to do so we can approach the court for avoiding the nuisance caused.
Regards
Adv. Sudhinkumar
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Adv. K. Sudhinkumar
Ernakulam | 25+ Answers
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