Sir, A land 100 feet (wide) x 325 feet (Length) has been purchased by 8 people in different proportion through Registered Absolute sale deed. As per Absolute sale deed the land owner had made provision of 20 feet road in the middle of this land for the buyers out of which 15 feet wide (East- West) and approx 325 feet (Length) (North-South) land has been left by original land owner and 2’6” by (Eastward) and 2’6” by (Westward) buyer respectively. This road will meet to main street (Old Bypass). The land owner and buyer have given registered consent for the road. In the year 2002-03 this pathway admeasuring 20 feet (width) X 325 feet (Length) was constructed under Rajya sabha fund (MPLAD) by the one of the front portion buyers when he was MP of Rajya Sabha. As the time passed, the road became unmotorable and unwalkable causing lot of trouble such as injuries and accident etc. Hence, some of the land buyer of this plot approached to Ward Councillor of Patna Municipal Corporation (PMC). The Ward Councillor recommended construction of PCC road and drain for the above plot under the Bihar Government Scheme Mukhya Mantri Sahri Nali Galli Yogna. After necessary Technical and Administrative approval the PMC floated tender and allotted work to successful bidder. For starting work the bidder procured sand and pipes at the site but the land buyer of the front( Ex. MP) has made an objection and submitted an application to PMC for not to construction this road with a plea that, this is a private (rayati) land and road can’t be constructed on rayati land . In the above light please advise as follows 1. Pathway left for road as per absolute sale deed and when it is constructed by Government fund in the year 2002-2003 in such condition, what would be the present nature of this pathway? Whether it will be treated as public road or not? 2. What would be the present nature of this land which is left by the Land seller for the pathway more than 19 year back, as per registered sale deed? i.e public or private 3. Whether any buyer can make any objection in providing basic amenities particularly road, sewer etc. from Government on such type of pathway, on a plea that, this is a private land. 4. Is there any circular/Court Judgment where government can construct a road on such pathway which is available for road (as per sale deed) for more than 5 to 8 family. 5.Whether PMC can deny construction of Road and sewer on private (Rayati) land and on what basis. 6. What is the remedy of above problem so that we can get the basic amenities like road, drinking water, sewer, etc by the government on the above land,. Regards Satyajit kumar, Patna, Bihar
1) If you all land purchaser had formed the society and registered it as per Bihar law than no MP or individual can stop or go against decision taken by society.
2) And for welfare of society no one can stop like this type of work for people benefits.
3) You can make complaints in PMC administration office and Mayor of Patna that this type of welfare to society has been stop by ex MP by way of stupid ideology.
1) Tell me that the private land who is owner all society members or EX MP.
1) it is not public road
2) it was never handed over to municipal corporation
3) sanctioned plans did not impose any conditions that road should be surrendered to the corporation
4) basic amenities like water , sewage can be provided to residents
5) other buyers can approach corporation to take over the internal pathway for provision of basic amenities and for maintenance of road as it is common to all he buyers
Hi, it is advisable to file a WRIT in high court for seeking relief
Hello,
Giving basic amenities like sewer etc is the work of the municipal corporation.
If once out of public fund road has been made then the same has to be maintained by them.
File a PIL in the HC with a direction for the municipal authorities to provide you the basic amenities.
Regards
it appears from your query that you are clearly entitled to easement right over the access to reach your portion of land
you need to file a suit for injunction and consequential reliefs
1. The land for road should have been transferred to the government by executing a registered gift deed by the land owner as a part of the conversion of the land into plotted properties.
In the absence of this, the PMC can claim the same to belong to PMC on the basis of the evidence i.e.,l road relaid through MP's fund etc., to nullify and reject the claim as rayati land and should acquire possession for maintaining pathway.
2. In the absence of any gift deed, this will still come under the land owner.
3. The land owner can object to the government taking away this private land, however if this was a criteria for plot conversion, then he has to transfer the land for pathway to the government.
4. The conversion approval from landed property to plotted property itself is a substantial evidence, the landowner has to transfer this land bye executing a registered gift deed to the government after which the plot owners can claim the provision of the basic amenities
