Legal Question in Civil Rights Law in India
To seek advice for problems caused due to construction
I am a shop owner in Mumbai.Exactly outside our shop,the municipal authorities have undertaken a project for underground sewage system.The work has been going on since the past 11 months,and is expected to stretch to another 5-6 months.In the process,huge machinery,compressors etc.have been deployed exactly outside our shop.These machines have totally blocked the view of our shop.Business has been affected to a very large extent and is expected to remain low in the months to come due to the work that is going on.To add to this,the compressors placed outside are creating a deafening noise.It has been extremely difficult to carry on the business in such an environment.I would like to know if any compensation can be claimed from the authorities for the dual sufferings that we are subjected to.
2 Answers from Attorneys
Re: To seek advice for problems caused due to construction
Yes, legally speaking, you may be entitled to seek compensation from the authorities; However, the law of 'tort' has not yet developed much in India. It is unlikely that you may get a full compensation more particularly because the wrong-doer happens to be a public body and the work they are doing is for public benefit.
You may consider approaching the authorities by making a representation requesting them to find a solution of your problem for the future.
The litigation may be very costly, time consuming and uncertain.
Re: To seek advice for problems caused due to construction
Your proposed action comes under Tort which is not only difficult to prove but lengthy in nature. Damages can be claimed but you will earn another problem against which again you will think headache. Better to be cool and wait until work is completed. Don't worry but tolerate.
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