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Who Can Legally Use a Public Drain Constructed by the Government in Bangladesh?

Question

There is a problem with a drain constructed by the government along the road near our property. The people living next to the drain are saying that it is only for their use and are preventing us from allowing our tap water to go into it. They even abuse and threaten us. The drain is not directly on our side of the road. Is the drain really meant only for the people living next to it, or can both sides use it?

Answer

A drain constructed by the government, especially when along a public road, is meant for public use. It is not limited to only the people living next to the drain. The government builds these drainage systems for the purpose of draining water from the entire area, not just for one side of the road.

Here’s a breakdown of how the law and public policy work in such cases:

1. Public Infrastructure for All

  • Government-constructed drains along public roads are considered public infrastructure. These are designed to manage water flow and prevent flooding or waterlogging for the entire area. No individual or household has exclusive rights over a public drain unless it’s a privately funded or constructed drain within private property.
  • According to the Local Government (Municipality) Act, 2009, the responsibility of maintaining roads, drains, and other public services rests with the local municipality or union council. These drains are for the use of all residents in the area, not just those whose houses are directly adjacent to the drain.

2. Illegal Prevention of Drain Use

  • The people preventing you from using the drain are engaging in illegal conduct. No one can claim sole rights over a government drain. By law, everyone in the locality has the right to drain water through the system, as long as they are not causing harm or obstructing the drain’s functionality.
  • If someone is threatening or abusing you to stop you from using the drain, they are not only violating your rights but also breaking the law. Threats and abuse can be reported to the police under Section 506 of the Penal Code for criminal intimidation.

3. Legal and Practical Steps to Take

If this conflict continues, here’s what you can do:

  • Inform the Local Authorities: Reach out to the local municipality or the Union Parishad and explain the situation. They can intervene and clarify that the drain is for public use. You can lodge a formal complaint if necessary, and they can take action to prevent further disputes.
  • File a General Diary (GD): If the people next to the drain continue to abuse or threaten you, you should file a General Diary (GD) with the local police station. This will serve as a record of the harassment and prevent future incidents.
  • Civil Dispute Resolution: In extreme cases, where local authorities fail to intervene, you may have to file a civil complaint in the court to ensure your right to use the drain is upheld.

4. Responsibility for Drain Maintenance

While the drain is for everyone, you should also be careful about how you and your neighbors use it. The municipality or union council may specify certain rules regarding the maintenance of the drain, such as restrictions on waste disposal or pollution. Make sure that any water or waste you send to the drain does not block or damage it.

5. Long-Term Solution

If disputes like this continue to arise, it may be worth working with the local community and authorities to establish clear guidelines on how the public drain should be used. Community-based discussions or mediations may also help reduce conflicts and create a more harmonious environment.