We are facing water leakage/dampness in our walls due to leakage from

664 votes

You can issue a legal notice first demanding resolution on the same at the earliest. Failing which you can file a suit for tort and claim damages. It does not matter if he is in police. He is not above the law. For further consultation and legal services you may consult us.

Advocate Anubhav Kathuria LawRato

889 votes

Hi,

In this instance.

This is completely fit case under Section 147 of the CrPc, which is for a 'Dispute concerning the right of use of land & water'. Essentially, you have to make out a detailed complaint (drafted by a lawyer well versed with the laws) which you should accompany with photographs, videos and forward the same to the police officer and thereafter to the office of the Executive Magistrate in your locality. You should also send a legal notice to your neighbors highlighting the same. It should be stressed that due to the non-compliance of your neighbors, there is imminent threat and danger to the life and limb of your family due to electrocution.

Upon being convinced of merit of your case. The Executive Magistrate will issue notice under a Kalandra to your neighbour's to appear before them and present their version of the arguments.

After arguments, the Executive Magistrate will appoint a technical expert to examine the location of the leakage to determine where the leakage is coming from. There are certain situations, wherein the leakage occurs as the outlet entry of the drainage pipes has been clogged, due to which the water travels back up from the ground floor to the first and second thereafter which could also be a cause of the leakage. Please ensure that there are no irregularities from your end and then proceed with this line of action.

Once this has been completed, the Executive Magistrate will pass on order in your favour and you should be granted compensation for damages as well. Do let me know if you need further assistance.


(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified date and time and to put in written statements of their respective claims. Explanation.- The expression" land or water" has the meaning given to it in sub- section (2) of section 145.
(2) The Magistrate shall then peruse the statements so put in, hear the parties, receive all such, evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub- section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such a seasons or on the last of such occasions before such receipt.
(4) When in any proceedings commenced under sub- section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under subsection (1); and when in any proceedings commenced under sub- section (1) the Magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub- section (1) of section 145.
148. Local inquiry.
(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a District Magistrate or Sub- divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 145, section 146, or section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders' fees, which the Court may consider reasonable. CHAP PREVENTIVE ACTION OF THE POLICE CHAPTER XI PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.
150. Information of design to commit cognizable offences. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

Advocate Anuj Nair LawRato

153 votes

When you're facing water leakage or dampness in your walls due to drainage issues from your neighbor's property, you can take the following steps:

1. Discuss the Issue: Start by talking to your neighbor about the problem. They may not be aware of the leakage and may be willing to resolve it amicably.
2. Issue a Legal Notice: If the issue persists and your neighbor doesn't cooperate, consider sending a legal notice. The notice should detail the problem, the damages it's causing, and a request for immediate resolution. You can seek legal advice to draft an appropriate notice.
3. Complaint to Municipal Authorities: If the issue remains unresolved, file a complaint with your local municipal authorities. They may investigate the matter and take action against your neighbor if the drainage is improperly constructed.
4. Consider Mediation: In some cases, mediation or dispute resolution services can help neighbors reach a resolution without going to court.
5. Police Complaint: If the water leakage leads to significant damage and your neighbor refuses to address it, you may consider filing a police complaint for property damage. This should be done after exhausting other avenues.
6. Legal Action: As a last resort, you can file a civil suit against your neighbor for damages caused by the water leakage. Consult with a lawyer to understand the legal procedures involved.
7. Repairs: In parallel, you may need to take immediate measures to repair the damage to your property. Keep records and receipts of all repair expenses for potential reimbursement.

Advocate Chikirsha Mohanty LawRato