Property Owners Cannot Be Forced to Allow Neighbor’s Wastewater Flow on their own: Patna HC
- Case Name: Kashi Kant Jha v. State of Bihar and anr.
- Judge(s): Honourable Mr. Justice Jitendra Kumar
The Patna High Court has ruled that no individual can be compelled to allow a neighbor’s wastewater to flow onto their private property under the guise of preventing public nuisance.
Hearing the matter, the court quashed a Sub Divisional Magistrate (SDM) order directing the petitioner to remove a blockage that was preventing dirty water from flowing onto his courtyard.
The Court emphasized that Section 133 CrPC is meant for public nuisances, not to settle private disputes.
The Court further noted that the petitioner’s land was wrongly recorded as government land and ruled that the SDM’s order was an abuse of process.
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