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Legal remedy as new neighbor blocked drainage ditch


25-Jul-2024 (In Civil Law)
We have a drain existed since 1990 . All the dirty water flowing through that drain fall into neighbor's drain then both water finally fall into main municipality drain. we had no problem with old owner but the after purchasing the house in 2013 new owner recently in 2018 january objecting and telling us to block the drain. Even municipality is telling us the same since in the buiding plan the drain is located to another spot. we have an agreement with previous owner on 50 rs stamp paper to use the drain. Moving the drain to another location as mentioned in the buiding plan is impossible for there is no space available. Whole buidling structure was made such a way according to the drainage system . How strong is my case if I file civil suit and what are the suggestions at this point .what is the drainage law in india ?, Please help me.
Answers (3)

Answer #1
647 votes
If you are using the drain for the last 20years without any interruption then you have an easement right then you can file a civil suit to declare that.For that you need to prove the easement right over that drain. Regards
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Advocate Suvajit Ghosh Dastidar

Adv. Suvajit Ghosh Dastidar

LawRato Kolkata | 200+ Answers
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Answer #2
621 votes
Sir, Your case is based on easement right. If you have an agreement and you are using the drain uninterrupted for more than 20 years you have an adverse possession over it. So your case is in most probable situation will succeed in my opinion provided proper steps are taken accordingly. You may contact me if you would like to proceed accordingly.
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Answer #3
610 votes
Nobody can stop the existing drain save an except Municipality authority you can made representation by stating all facts before the municipality if you will not satisfied in action of the municipality you can file writ before High court
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Advocate Ashis Kumar Chowdhury

Adv. Ashis Kumar Chowdhury

LawRatoKolkata | 25+ Answers
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