• Road access blocked

I purchased a plot in a hmda approved layout .It has two access roads to the layout one from northern side and other from southern side . The land adjacent to North side is of govt land and is vacant with bushes and trees and is scary in the evenings to walk through from that side and complaints of chain snatchers and thieves and is extremely unsafe.we wanted to use the southern road of the layout for entering into the layout but this road has been blocked by the adjacent unapproved or illegal layout builder.
I am planning to construct the house in my plot but the access is denied by the other party though it is clearly mentioned in our approved layout.
What is the best option for me to legally proceed and get the access.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) fine complaint with the authorities against blocking of southern road by builder

2) if no action is taken by authorities file writ petition in HC to direct authorities to demolish the blockage of road by the builder

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. For removal of the encroachers you will have t file the case.

2. So the solution is to file a suit for declaration and injunction to remove the encroachers.

3.Another option is to file writ petition against the Municipal authority for its failure to remove the encroachers.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hello,

The best option with you is to first talk to that builder mutually in order to avoid the court proceedings, if this fails then you can send him a legal notice. If these two situation fails then you can file a suit in the lower court seeking injunction against him.

Also to make it a case for High Court you can write representation to the Government that this construction has been made against the master plan, and if the fail to take any action then you can move to the High Court saying that the government is nor performing their duties well.

In case you want any legal help at any point of time you can contact me on +91 or you can write a mail to me at .

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

The road as approved in the layout plan cannot be obstructed or blocked by anyone for any such reason.

If they block the access to your property you may either lodge a complaint with the police about their atrocity or can issue a legal notice to clear the blockade and drag them to the court with a suit seeking reliefs for easement rights,.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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