• About approach road from na plot

I have agricultural land I'm producing grapes in it it's 500mts from main road other person holding the land from main road has made na layout plots and constructed road from main road till end just before my land starts he is blocking road and not allowing me to enter my property from that road is it possible to file case and get approch road from na plots to my land.its DC approved na layout plots
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

You need tk approach the court in this case. Can file writ petition in HC. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

you have alternative road to reach your plot 

 

2) you cannot claim easmentary right of necessity from NA plots to your land 

 

3) easmentary right of necessity can be claimed when there is no other access to your land 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

An easement is a non possessory right to use and/or enter onto the real property of another without possessing it.This is easementary right, right to path. You can approach court for relief.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You wouldn’t not get approach road from your plot to NA plots as there is alternative approach road to your land 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1.  IF any type of approach road is available upto your plot besides the NA plot road, THEN you will not be able to claim right of way thru NA plot road.

2.  IF no road at all THEN you will be able to claim under the Easement Act, but only via a civil court directions.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

No body can block entry another's land. Please file a civil suit stop further activities and get necessary orders.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes you based on necessity can seek right of way under easement act and can seek way through plots to your fields. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If there is no alternate route then in that case you can seek right of the way through the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you have to file a civil case for getting your easement rights. Do you have any other path way to enter into your property?. You have to prove your usage in others property for easement rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can file case under Easement act to get your passage from the road. 

As your right to passage is your right as necessity for using your land.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If this was the pathway you had been using for years then you may file a suit for easementary rights  seeking pathway for road access and ingress and egress.

You may discuss with your advocate and file a suit for mandatory injunction along with the relief for easements and ingress and egress.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If you keep asking this question without taking any legal action as suggested then you will remain in the same place without any relief or any means to solve your problem.

You may consult an dadvocate in the local and file a suit for easemntary rrights, let  his contest it, the court will decide based on the documentary evidences as well as on merits on both sides.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear to your fundamental right to move freely has been interrupted and nothing has been done by the authorities.
  2. You need to mark one representation to the land owing agency of that area and request them to stop him and put the area to its actual position as earlier.
  3. If they reply in negative or don’t reply then please use the same representation and file a Writ of Mandamus and Certiorari against the authority, that person and DC also by making all of them as party in the Writ before the Hon’ble High Court.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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