Agri Land Irrigation

2 years ago

This is regarding our ancestral agriculture land and we already had a partition deed in the year 1983. My father was born with 2 elder brothers (both of them are passed away) and we were enjoying our share of properties along with common well (free service connection for agri purpose). From the common well, the 3inch PVC water pipeline passes away each share of land to reach individual land. Cost of pipeline layout and labor expenses for fixing the leakage issues will be shared by each of us. For this pipeline, we already had a high court judgement for the layout of the pipeline. And we all are abide by rules that no one should deviate and disturb the pipeline layout. Each of the land share have the water junction point for irrigation purpose and the pipeline goes from father's share to his elder brother share so he can also enjoy the source of water thru common well.

I would like to explore 02 existing issues with regards to above :

1. One of the Legal heir from my father's elder has built a house on top of the water pipeline so in future if we need to repair the pipeline we need to break his flooring and dig out to fix any pipeline leakage issue.
Please advice if this a offence committed by the legal heir of my father's elder brother as we shouldn't disturb or deviate the pipeline layout as per judgement.

2. Another legal heir from my father's most elder brother has started creating a dispute for very minor issues. From one of my share of land where I have recently planted 5 coconut seedlings towards the border of his sharing land (with a gap of 6-7ft b/w seedling and border). In current situation, I am facing problem (material and labor) to irrigate water due to the distance from my water junction point to the seedling and now due to covid lockdown I am not able to put additional junction line close to the seedling for irrigation purpose so I have opted for the temporary solution to use the legal heir's junction point which is close to the seedling for irrigation. Legal heir is stopping me not to use his junction point. My concern is that from the common well, the pipeline passes thru my share of land to others and we all are abide by the judgement not to disturb anyone's enjoyment but how he can stop me to use his water junction to irrigate the coconut seedling for temporary. He started using the bad language and he also does video recording while I am using his junction point. Please advice if I am commiting any civil or criminal offence. He has given a police complaint against us for this.