• Land approach road issue

Respected Sir,

I own a piece of land (arround 6.25 Acres) in maharashtra. Now the issue is my land has four sides out of which at one side a poultry farm building is present and rest three sides are covered with other pieces of land. Now the question is all other three land owners has a road approch but we don't have one. We are willing to develop something in our land but they are not willing to give a road for our land.

Is there any rule by which i can have a road access to my land. I am aware of right of passage but is it applied to a constructed road? Or else we have any other law for the same? Please guide.

Thanks in advance.

Regards.
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

You first verify from your sale deed about the approach to your landed property from road,

You can see it from the check boundaries.

You need to have an access to road.

It is called easement rights.

You can confirm this from the sketch or map annexed to your sale deed.

First ascertain from the revenue records about the accessibility to your property from roadside and then decide about seeking your access to road and the easement rights to it.

Consult a local lawyer with your property documents and clarify the issue properly.

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

you can claim easmentary right of necessity to the main road from neighbours land if you dont ahve any other access to your land

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage .

Ajay Sethi
Advocate, Mumbai
96147 Answers
7735 Consultations

5.0 on 5.0

1. If your land is locked from all four sides by other's land, then you shall have the easement right to use any of their land for the purpose of accessing the road/way nearest to your land.

2. The said easement right is applicable for accessing nearest road also.

Krishna Kishore Ganguly
Advocate, Kolkata
27342 Answers
726 Consultations

5.0 on 5.0

It is not clear whether there was any pathway earlier which is sued as access to your plot of land.

If yes then you have easementary right over the same and if the other plot owners are obstructing you then you cna seek injunction from court.

However if there was none as it appears then I regret you have to buy part of contiguous land to use it as pathway for ingress and egress of your land.

Devajyoti Barman
Advocate, Kolkata
23115 Answers
505 Consultations

5.0 on 5.0

if there is no other approach to your land the NA land owner cannot deprive you of right to access your land

2) you can claim easmentary rights of necessity as advised earlier

3) you have to file suit and claim right to access your plot pending hearing and final disposal of the suit

Ajay Sethi
Advocate, Mumbai
96147 Answers
7735 Consultations

5.0 on 5.0

All lands are basically agricultural land so all lands not falling in any non-agricultural categories are deemed to be agricultural land irrespective of they are used for cultivation or not. Where the area is primarily engaged in agricultural activity the Regional Plan allocates the land of the area for agricultural activity and categories it as the Green Zone.

In every village there are some places which are reserved for village settlement. The place reserved for this purpose is called Gaothan. Population of rural area is ever increasing. To meet the growing requirement of housing and allied activities provisions are made in MLR Code and in the Bombay Village Grampanchayat Act for extension of Gaothan.

Gaothan is portion of the land of the village which is ordinarily used for settlement. “Gaothan “or” village site" means the land included within the site of a village, town or city as determined by section 122 of MLR Code. It states that;

It shall be lawful for the Collector or for a survey officer acting under the general or special orders of the State Government, to ascertain and determine what lands are included within the site of any village, town or city and to fix and from time to time, to vary the limits of the site determined as aforesaid, regard being had to all subsisting rights of landholders.

it shall be lawful for the Consolidation Officer, in consultation with the village committee, if any area under consolidation no land is reserved for any public purpose including extension of the village site, or if the land reserved is inadequate, to assign other land for such requirements and for that purpose to effect a proportionate cut in all holding of the village.

Principles for Gaothan Extension Scheme and regulation of buildings are given in the rule of 1967 of the Bombay Village Panchayat Act.1958. Collector is empowered to grant permission under section 44 of MLR Code.1966 for Gaothan Extension Scheme. He is required to consult Town Planning Department.

Thus you have a reedy with the District collector for the releif desired, apply as per the rules stated herein above, see if your granted with the relief or else you can drag the collector to court of law seeking a direction for the relief of access road under the provisions of law.

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

1. Yes, the easement act will still be enforceable even after the land has been converted to NA land.

2. Record the fact with your local Panchayat/Municipality that you have been using the pathway for a long time or that there is a pathway in existence over those pieces of land which you have been and still are using, to claim your easement right.

Krishna Kishore Ganguly
Advocate, Kolkata
27342 Answers
726 Consultations

5.0 on 5.0

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