I have 4 acre of land in village ottu teh Rania Distt Sirsa Haryana. But my farm/agri land have no path to access it. i was using the path which is owned by my uncle and one other party. i have no ownership right over the said path. The owner parties are always claiming their ownership right and many time they challenge me to use this path. I am serving in Army. In view of this problem, i informed my District DC (Deputy commissioner) in this regard through a site seeking resolution. He forwarded my complaint to concerned officer (Tehsildar) for remedial action. Now two months have been past but no fruitful result came out. Is this is the correct method to find permanent solution to my problem ? It is for your information that I already ask you in this regard. please refer my previous correspondence to guide me:
Asked 2 years ago in Property Law from Sirsa, Jammu and Kashmir
Hi, no body will not obstruct your path as you have a right of easement you file a suit for the right of easement in the court, that is only appropriate remedy.
1) you have right to use that path to access your land
2) you will have to seek permanent injunction restraining a permanent injunction restraining the defendants from interfering with your use and enjoyment of the `right of passage' over the suit property
3) under section 32 of easement act you have Right to enjoyment without disturbance. -The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.
4) under section 35 of easement act injunction can be granted restraining disturbance of the easement
you can file an RTI in the tahasil office to find out what has happened to the complaint.
Your permanent solution to this problem is to obtain a permanent injunction order from a civil court.
The right to path is an easement right which cannot be infringed as an owner at any circumstances. Hence you should approach a civil court and file under sec.33 of the Indian easement act 1882. and ask for a permanent injunction under sec.35 of the act., subject to the provisions of the specific relief act
1. Similar query was answered few days back,
2. You have the right to access your agricultural land as per law without being prevented by others as per Easement Act,
3. File a petition for declaration that you have the easement right to access your property as per the said Act and pray for a stay order restraining your Uncle and the other person in obstructing you for accessing your agricultural land through their land till the said declaratory suit is disposed of.