• Entry to property blocked by government fence

Hi, we run a hospital in Hyderabad. Recently a new Metro Station has cropped up near the hospital. The government is laying a fence from the station for a distance of about 50 Meters( foot way) from the station and with this entry into our hospital will be closed. As its a hospital ambulances, patient vehicles come into the hospital and with the new fence entry into our property will be blocked causing hard ship to patients and also affecting our livelihood. Do we have remedy here and please advise how can we ensure we have our right of way into our property in place
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

hello,

you should petition the local authority the metro corporation and the state govt. to apprise them of the situation.

if they are not forthcoming on the solution, file a writ petition in the HC.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. Since the govt is still laying the fence you should immediately go to the court through a suit for injunction to seek a stay against the laying of fence in a manner that would close the entrance to the hospital.

2. A hospital is an essential and life saving service, the entry to which cannot be blocked for constructing a metro station/

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. First check whether the fencing is done on a private land or on a government acquired land.

2. If it is on a acquired land then whether it is putting blockage on free entry and exit of a private premises or not.

3. Since ti is a hospital which is involved in public emergency activities no amount of blockage is permissible unless the same is to protect larger number of lives commuting through the metro.

4. So the remedy is filing a writ petition in high court against the government authority to remove the blockage. In determination of this issue the larger public interest would be a vital point to determine the dispute.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If it is government who are putting fence you are supposed to give two months notice before approaching court filing suit for injunction but since it is a hospital and an emergency service institution you can directly approach court filing suit.For injunction along with application under section 80(2) CPC to dispense with service of notice to government and to grant ad interim exparte injunction restraining them from putting fence by filing application under order 39 rule 1 and 2

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Govt cannot block entry gate to hospital

2) issue legal notice to metro authorities to dismantle fence as it is blocking access to hospital

3) file writ petition in HC to direct metro rail authorities to dismantle fence blocking access to your hospital

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Firstly, the project of connecting the city to that platform of transport which can reduces the traffic problems in the city is at high priority.

Secondly, but, it doesn’t mean that it will hamper the life the common people of the city.

Thirdly, there are instances where metro has compensated against any property which they want to include in the project.

Fourthly, but in your case it is not the question to be answered by the metro.

Fifthly, I advice you to make a representation to the metro then wait for 3 or 5 days.

Sixthly, then file a Writ of Mandamus in the High Court seeking relief as to stop them from doing so as it is violating your fundamental rights as well as the patients, and also seek direction to not to do further.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

you can file a damages claim against Metro company and against the Government.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

This is my response to you:

1. You can file a suit against the municipality and claim stay and injunction against them;

2. Take legal steps immediately;

3. Collect photographs and project plans of the metro as your evidences;

4. Engage a lawyer and file a case in court;

5. At this belated stage you need to take quick steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes you do have a remedy. File a civil writ petition in the concerned high court with all your greivences and pros and cones of the same.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

File a writ petition before the high court seeking direction for the metro authorities to make fence or shift such a way that your hospital entry is not effected,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Under the situation you have only one option i.e., to file a suit for permanent injunction agaisnt the authorities restraining them from blocking your easement rights and access to the road and also blocking the existing access.

Consult a good lawyer and file a suit for injunction and also easement rights.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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