The land promoters gifted 82000 sq.ft out of 7 acres for common road and registered it in the name of panchayat union commissioner in 1990 and DTCP approval was got.From the year 1990 the common road was maintained by local panchayat to dig the road for water connection and drainage purposes. In addition to this TNEB and BSNL authorities utilise the road for public services. No other private company or private party was allowed to make damages to the existing road.Sometimes municipal authorities took action to renovate or to lay fresh roads and Electricity Department dug the roads to lay Cement Posts.No objection from me so that the common road may be utilised by Govt.either by Municipality/TNEB/BSNL authorities. The gift deed was executed for the benefits of the residents to utilise the road for free transport purposes, good environments but now a tender was called by the municipal commissioner to dig the roads to lay OFC Cables by Airtel Company who damaged the existing roads. Moreover Govt. is running Cable Tv Service thereby I have also engaged as a Cable TV Operator. I fear that due to the entry of a private company into my area the existing Govt.Cable Tv Service may also be disturbed and the condition of roads may also be worsted. How can I resist the municipal authorities to stay either by filing a suit in district court or high court? I send a representation to Municipal Commissioner to give me reply under RTI ACT to answer how they permitted private concern to utilise the common road for Commercial Purpose. Guide Me.
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Once gift deed is executed govt would be absolute owner of the land
2) if Airtel had been granted permission to lay OFC it is to provide telephone services to inhabitants .
3) in the event any damage is caused to road it would be responsibility of Airtel to resurface the road
4) if they do not resurface the road you have a legitimate grievance
5) if any damage is caused to cable wires you can claim damages from Airtel
In the gift deed it is recorded so that any further developments of road may be undertaken by the municipality having in mind the benefits of inhabitants of the area, public charitable purposes, public health and transport facilities.Moreover the road is utilised as common path by the adjacent school authorities and hence the common road was damaged by the heavy transportation of vehicles and hence the same was reported to honourable CM Cell against which a letter dated 06/2014 was addressed to CM,Cell with the assurance of widening the breadth of the existing road in the next financial year(2015-16) but the same was not carried out by the municipal corporation. Now they called a tender to avail the existing road to dig for laying of OFC Cables to Airtel Company on commercial purpose. Is it justified? Is there any prima facie in the case to file a suit against the municipality? Kindly Advise
Laying down optical fibre cables is for benefit of the inhabitants of the area
You don't have primafacie case to file suit against municipality
You say that you have asked the municipality through RTI act about the utilisation, did you get any reply to that?
If so, what was the reply?
Once the property was transferred to the municipal authorities, it becomes their own property, however if it was given away for the purpose of benefits only to the plot owners then the so called commercial activities can be objected.
However please be aware that the municipal authorities are the absolute owners of the said property hence you cannot restrict the usage or any other activity on it unless you are aggrieved personally
The airtel has applied for placing the OFC underneath the road, they would relay the road, if not and if the road is not motor-able then you may make representation agaisnt the airtel to the municipal authorities about it.
I am afraid and in my opinion, you do not have prima facie any case or any suit proposed to file would be maintainable