• Builder has blocked the road which we were using past 8 years

Golflink 90 acre township in Ghaziabad UP developed by Landcraft. at the time of selling the plots, villas and flats in township they indicated two roads 1- 24 meter & 2- 21 meter. both are cemented roads and people were using it for last seven years. 
these roads are mentioned in their brochure basis that people booked their flats/villas. 
now builder is launching new project with other builders consortium and sold the land to including these two roads to newly formed consortium of builders and he is also a party to that group. 
they have blocked the roads and wanting to start the project. this road is indicated in all brochure and was part of township plan 2011 & later in 2017 plan it disappeared. builder has not uploaded any information about this change on their website, public notice to file the objection if any. 
landcraft is charging maintenance charges from all sub builders for this road and definitely it is going through our pockets in the form of maintenance charges. 
how can we get these roads back form builder as without these we cannot approach to main city being such geo area.
Action taken 
PIL in Hon. Allahabad high court - intern they directed GDA & DM to fix this issue in 60 days. 
GDA has asked builder to stop the work but road still blocked. 
Since the builder is linked with very powerful person in state hence no local admin, police & GDA support. 
GDA has taken two meetings with us & builder and reserve the right of decision likely to come on Monday or tuesday. 
kindly suggest next action can be taken for this case & what would be likely decision of GDA.
Asked 2 months ago in Property Law from GHAZIABAD, Uttar Pradesh
Religion: Hindu

Dear Concern, when the writ was filed in the Allahabad high court, the court directed to fix the issue in 60 days. Since you are awaiting the decision of the meeting, if the decision comes in negative then you Should approach the supreme court under article 32 or again file a miscellaneous application before the allahabad high court in the earlier writ petition.

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

To conceieve a response of GDA is difficult. But since it involves stakes and political power then GDA may give a decision which can be of no consequence. But you Should file a writ petition directly in the supreme court if it involves fraud and if GDA or govt. agencies are part of it. 

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

1) GDA would decide issue in your favour as it was mentioned in builder  brochure and Road was used for 8 years 

 

2) builder cannot block road as per his whims and fancies 

 

3) you should be permitted road access 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

GDA should decide in your favour 

 

you should  get justice 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

You can file a writ petition in high court

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

Your easementary rights can not be taken away, if the GDA passes an order against you then challenge the same also before the HC

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

File Contempt agasint the GDA/Dm for not complying court order. How ever powerful the builder is, once ordered by court, it must be honored.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

Your association should have filed a mandatory injunction suit agaisnt the builder before the district court seeking injunction against the builder restraining him from blocking the road which is the only easement rights available to the members of the association for ingress and egress to road access and also a temporary injunction on the same lines to remove the blockade till the disposal of the suit.

Well since the GDA is also reluctantly taking steps you may file a suit for easement rights by producing the previous brochure as evidence for the builder's commitment towards to pathway or road for road access.

You can discuss with your advocate on this possibility and proceed if recommended

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

You still want to depend on the corrupt GDA officials decision  and do you  still have trust in them.

They may give an evasive reply or decision by which neither you will be benefited nor you may get the desired relief.

Until there is a concrete order or judgment by a court of law, yo may have to struggle with the corrupt authorities like this.

 

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

Dear

You can make an contempt of court  application in High court Under The PIL you have filed that GDA is not taking any action for unblocking of road. 

Mohit Kapoor
Advocate, Rohtak
3563 Answers
1 Consultation

5.0 on 5.0

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