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...buildings and other structures, must make reasonable and proper use of his/her property. The land owner has a duty to use reasonable care to prevent structures from becoming dangerous to adjoining owners. However, a land ow...
owners for damage to their property caused by his/her negligence. In this regard, I would rely upon a judgment of the High Court of Delhi in the case o...
interfering with the rights of the owners of contiguous land.. The land owner is relieved from liability for injuries caused to an adjoining owner if the land owner ...
...manner so as not to cause any danger or damage to the nearby property owners as well as to the adjoining PWD road. For that purpose, the 1strespondent-Geologist will be at liberty to insist...Assistant Executive Engineer (Civil) to ensure that the excavation work is carried out by the petitioner carefully and without causing any damage or danger to the PWD road or to the nearby property owners...the application on the ground that there are buildings and PWD Road within 50 metres of the property and hence consent of the adjacent land owners and PWD is necessary...
...of the petitioner. The property is burdened with the erection of another tower for drawing a new electricity line almost perpendicular to the existing line. The damage caused to the property of the...petitioner's property, or to sufficiently recompense the petitioner for the injurious affection due to the construction of the tower.”3. The Advocate Commissioner has reported that the value of...petitioner particularly in relation to its beneficial enjoyment need not be emphasised. The petitioner is free to get adequate compensation in this regard without reference to the adjoining land owners...
...‘subject land’). The Respondent-State utilised the subject land and adjoining lands for the construction of the ‘Narag Fagla Road’ in 1972-1973, but allegedly no land acquisition proceedings were initiated..., nor compensation given to the appellants or owners of the adjoining land.3. Pursuant to a judgment by the Himachal Pradesh High Court (hereafter ‘High Court’) directing...was passed on 20.12.2001 fixing compensation at Rs. 30,000 per bigha. Proceedings under Section 18 of the Act for enhancement of compensation, were initiated by ten neighbouring land owners (Mata Ram...
...from owners or occupants of adjoining properties on the actual or possible damage to their life or property is to be acted upon by the second-ship. However, the proviso to Rule 5 states that work will...respondent for construction of a multi-storied building with basement plus ground plus 17 floors. When piling work was commenced, the owners of neighbouring houses complained to the 1 respondent...damages to neighbouring property owners. Thereafter, the piling operations were restarted taking all necessary precautions to minimise damages, if any. However the neighbours again complained to the...
....5. Let us therefore see what the Rewa Act provides. Section 10, as we have pointed out, gives a right of pre-emption first to co-sharers and secondly to owners of adjoining property...law being for the benefit of all owners would surely be in the interests of the general public. Till the property comes to be vested in one owner it would have remained in the hands of two or more...:(1) Any person who is a co-sharer or partner in the property sold and foreclosed.(2) Any person who owns any immovable property ...
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received from owners or occupants of adjoining properties on the actual or possible damage to their life or property is to be acted upon by the second-ship. However, the...directed a change in the piling method. The petitioners complied with the same and has taken insurance coverage to indemnify all possible losses or damages to neighbouring property owners. Thereafter...21.06.2021 along with Ext.P6(a) hearing notice. The petitioners appeared for the hearing and pointed out that all due precautionary measures are being followed by them and that the damage, if any, to the...
...swollen Beas changed its course and engulfed the Span Club and the adjoining lawns, washing it away.For almost five months now, the Span Resorts management...annexed. In a letter dated 19-10-1988 addressed to the Chief Minister, Himachal Pradesh, the Motel gave details of the flood-damage during the year 1988 and finally requested the Government for the...land located at Village Majhach, (Burua), Manali, in exchange for the above-mentioned 22.2 bighas of Class III banjar forest land adjoining our land in Village Baragran Bihal, which we request for...
...their agricultural lands for taking transmission line over it.2. Petitioners have submitted that the petitioner No. 1 is having total 1.40 hectares of agricultural land adjoining to the...compensation is to be claimed until unless damage is caused to the property. It was also pointed out by the Collector that new houses, pump house, well etc. are constructed with mala fide intention in order...in or upon, any immovable property:Provided that—(a) the telegraph authority shall not exercise the powers conferred by this Section except for the purposes of a telegraph...
...passers-by and adjoining owners. It was held by the Court of appeals that the defendant was liable for negligence and that if owing to want of repairs premises on a highway become dangerous and, therefore...not for the defendant to disprove it. But there is an exception to this rule which applies where the circumstances surrounding the thing which causes the damage are at the material time exclusively...and perfunctory nature. The legal position is that there is a special obligation on the owner of adjoining premises for the safety of the structures which he keeps besides the highway. If these...
...purposes and to compensate the owners adequately. It is a well-known fact that the Right to Property is a constitutional right (earlier it was a fundamental right until 1978) as provided under Article 300-A...for the construction of Mini Secretariat at District Mewat, admeasuring 372 karnals 2 marlas (i.e. 46 ac 4 karnals and 2 marlas). Consequently, the Government of Haryana, vide Notification dated 25-5...-2006, issued declaration that the land is required for a public purpose.3. Notice under Section 9 of the LA Act was issued to all the landholders and interested persons. The...
...was allotted to someone) was deemed to have become the tenant of the landlord for the purposes of the Rent Control Act and therefore, the remedy of the owners of such property was to seek eviction...property to the owner.8. It was alleged that the adjoining Premises Nos. 1304-1305 had been derequisitioned/released and therefore there was absolutely no justification for.... 1300-1303, Village Yerawada, Pune District. The first respondent claims that the said property bearing Nos. 1300-1303 as also the adjoining property bearing Nos. 1304-1305 were requisitioned by the...
...included in an improvement scheme. One of the matters is “the acquisition by purchase, exchange, or otherwise of any property necessary for or affected by the execution of the scheme”. Section 27...not required for the purposes of a scheme may be abandoned on his executing an agreement to observe conditions specified by the Trust in respect of the development of the property and to pay a charge...deemed, to be added, namely:(5) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in...
...respect of lands acquired under the same notification compensation awarded to the land owners whose similarly-situated lands had been acquired under the same notification for the same purpose by the...(1) Special leave granted. Heard both the sides. We are of the opinion that the prayer for amendment of the memorandum of appeal to enable the appellant to claim appropriate compensation...Notification of the same date. Appeal is, therefore allowed. Prayer for amendment is granted. The matter will go back to the High court for passing an appropriate order in accordance with law in the...
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(9) Where a portion of the joint property is, by common consent of the co-owners, reserved for a particular common purpose, it cannot be diverted to an inconsistent user by a co-owner; if he does...aggrieved co-owner obtain a decree for demolition of that building without proving special damage or substantial injury to him?"
As the whole case is before us for decision...had no right whatsoever to this Property. It was admitted that, five or six years ago a notice was received from the plaintiff, but as the defendants had been in possession for a considerable time...
...respondent in the appeal before us.13. Mr Nariman, the learned counsel appearing for the owners submitted that the High Court did not hear arguments on the question whether the...conclusion that for a period of 4 years from the date of the accident the claimant has suffered a damage of Rs 73,779. The learned counsel submitted that though during the first year there was a loss of...Act, 1934 were incorporated in Chapter VIII. Before a person can be made liable to pay compensation for any injuries and damage which have been caused by his action it is necessary that the person...
...co-sharers of adjoining holding but could not be said to be adjoining owners of the property transferred and as such the application was liable to be dismissed.4. The learned trial Judge...holding which was yet to be partitioned by metes and bounds, it could not be said that the opposite parties were adjoining owners of the land actually transferred by the deed in question and...appellate court below has set aside the order passed by the learned trial Judge and allowed the application for pre-emption on the ground of adjoining ownership.6. Being dissatisfied, the...
...Company vide letter dated 4-9-2000 rejected the claim. Hence the petition before the National Commission. The respondent claimant made two claims (i) Rs 1,35,17,709 for material loss due to the damage...as there is a fire which caused the damage the claim is maintainable, even if the fire is for a fraction of a second. The term “fire” in Clause (1) of Fire Policy C is not qualified by the word...the scope of the fire policy for whatever damage or destruction caused by the fire. If for example the short-circuiting results in damage in a television set through fire created by short-circuiting in...
...property under the temple. He admitted that he had been paying rent to the appellant but from the year 1969 onwards he started paying rent to the temple. That the claim of the appellant for arrears of...years, we are refraining from remitting the case back to the High Court for redecision on merits.11. The onus to prove title of the property undoubtedly is on the...person asserting title to the property. The appellant produced ledger books, Exts. A-9, A-11, A-13, A-15, A-17, A-19, A-21, A-23, A-25 and A-27 for the years 1952, 1953, 1954, 1955, 1957...
...opinion the decision must be affirmed. The land was either a highway or waste land adjoining it, and there is a presumption that such land belongs to the owners of the soil of the adjoining land. The...square yards, formed a portion of a highway connecting Sulabtanganj with the [364] Shamli road and waste land adjoining it, entered as No. 2566 in the ‘abadi khasra,” was owned by the plaintiffs and...other co-sharers, and defendant has wrongfully enclosed it; also that another piece of land, comprising 28 square yards, No. 1300, is land adjoining the Shamli road, on which the defendant has built a...