Hello sir, you can complain to the police officials .. Secondly also plead as a party to the suit so that in future no such act is done by the villagers

That is a matter of trial which is already under sub judice in court .. However you can file a writ in high court if any adverse decesion is passed by court

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.

2) you can claim easmentary right of necessity as there is no other way to reach your society complex

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .

if land belongs to the villager file suit and seek easmentary right of necessity as advised herein above

Firstly, made immediately few representation to the concerned authority (like Delhi development authority in delhi we have, and state)and then wait for two days.

Secondly, file a Writ of Mandamus in the high court requesting to direct the villagers to give you the way for time being till the time matter is decided.

Thirdly, even if it happens to be the village land then also would take some time to come to the conclusion.

Lastly, file a civil suit for damages and criminal complain of 420 against the builder.

1. This is a pure civil dispute in which police has nothing to do at all.Hence lodging complaint with the police will be an empty formality.

2.You can file civil suit for injunction .Once the court grants interim injunction your regular usage of the road can not be hampered with.

3. Another efficacious remedy is to file a rti petition against local authority which is responsible to maintain the public road. Once the high court directs the Municipality/Panchayat to maintain the road in its usual position your problem would be resolved.

File A case before local jurisdiction seeking injunction restraining villager from iinterfering in your easements right ie right to way state that you.people have no other place to reach your property...

Report this matter to the Police.

Obstructing a public way is an offence and is liable to be met with penal consequences.

If the verdict comes in favour of the villager, the residents of the society, the RWA and the builder, should cllectively contest the matter.

you can claim easmentary right of necessity, Section 13 of the Indian Easements Act deals with the same. You can obtain a permanent injection, it being a civil suit, lodging a complaint before the police will be a futile exercise

Also you may send various representation to the municipal authorities and if no action is taken by them in a time bound manner then you may file a writ of mandamus and seek direction for the municipal authorities.

Regards

Hello,

1) As the road is indispensable for the residents, the builder should be held accountable for the current impasse. The litigation between the villager and the builder has led to the current situation.If the builder is not taking steps to compensate the villager to get the road filled up you can seek the assistance of the court by intervening.

2) In the meantime move n application to the local government office (Municipality) to rebuild the road in the interest of the public and if the local government does not help, move a petition in the civil court to get an interim order as the matter is of a serious nature and can lead to serious repercussions if not addressed timely.

if there was no easement rights and there is no ingress or egress problem, the builder's claim for easement rights in the said road blocked by the villager may not be maintainable provided this road belongs to the villager and not government.

The builder has to provide access to road to the purchasers by the next available access road if the current one belongs to the said villager.

The builder cannot cheat the purchasers by selling the property which is not having access to road.

A consumer case against the builder can be filed for this deficiency.

Now if the land turns out to belonging to the villager, then what is the suggested action so that we the affected residents of this society should take so that the dug up road is filled and is made usable.

This is a newly emerging plotted area hence easement rights cannot be claimed on this.

The builder has to provide the access or easement facility by looking for an alternate idea.

Villager can not block the road unless it is his own