Any act to obstruct use of road is wrongful restrain. Can complain to police.
You can obtain stay from court against expand of pond.
Our forefathers made a road. I construct a house according to the orientation of that road. Now a new road have been curve out from middle of the original road, for which I am no using it as the same is laying on other side. The other people are trying to obstruct me to use the original road. And there is pond own jointly which they want to expand thus obstructing my way. What option and facility I have legally in this regard.
Please provide land margin of a jointly own pond to be provided.
Any act to obstruct use of road is wrongful restrain. Can complain to police.
You can obtain stay from court against expand of pond.
1) you have easmentary right of necessity as there is no other access to your land
2)you can object to expansion of pond as it would blo k your access to road
You have easementary rights for ingress & egress (access).
You can object to the said expansion.
If they don't adhere, you can file suit for injunction restraining them from doing the expansion.
A suit for permanent injunction may be filed against those who are attempting to obstruct you from using the original road.
Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.
1. You can file a suit for permanent injunction and Right to passage under easement act against the people who are trying to obstruct you from using the road.
2. Also pray for stay on expansion of the pond due to which you can't able to use the road on the other side of pond.
From examining all the facts of your query I want to say that-
These cases are very common in various courts of India and Supreme Court of India.
Any wrongful interference with a right of way constitutes a nuisance. As, however, a right of way never entitles the grantee, or those lawfully using the way under the grant, to the exclusive use of land over which the way exists, not every obstruction if the way amounts to an unlawful interference, and no action will lie unless there is a substantial interference with the easement granted. The effect of a grant of a right of way differs in this respect from a grant of the soil of the way, for in the latter case the slightest interference is a trespass.
The question whether any particular interruption amounts to an unlawful interference depends upon the nature of the right of way and of the place, and upon the circumstances of the case. Any disturbances of a way is unlawful which renders the way unfit for the purpose for which it was granted, to the injury of the person entitled to the way. Thus, there would be an unlawful interference if the way is so damaged by vehicular or other traffic that the grantee is unable to use it; or if the way is either wholly or partially obstructed by being built upon; or if the servient tenement is ploughed up so that the way cannot be used. The nature of the remedy is the same whether the way was created by express grant or by way of reservation, or is claimed under the doctrine of prescription.
I'm dealing with such cases in Hon'ble Supreme Court. Detailed discussion is required with complete facts.
The person entitled to a right of way may sue for an injunction to restrain obstruction of the way or for damages. If he in fact suffers no damage by the obstruction, nominal damages will be awarded only, and an injunction will be refused.
A person who in purported exercise of a right of way makes an excessive user of the servient tenement commits a trespass and may be restrained from doing at the instance of the servient owner. What amount to excessive user depends on the scope of the right according to the true construction of an express grant or according to the user established by the prescription as the case maybe. A trespass committed in the manner described, however, gives no cause of action to persons who are not entitled to use the way and are not interested in the servients tenement, nor can the dominant owner claim for the physical damage to the way unless this substantially interferes with his right to use it. A person interested only in reversion or remainder in the dominant tenement cannot sue for the protection of the right of way unless the obstruction is of such a nature that it either permanently injures the estate or operates as a denial of right.
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate-on-Record & Amicus Curiae,
Supreme Court of India
If you have documentary proofs for your rights over the usage of the road, you can file a suit for easement rights and for bare injunction against them.
What is your question?
What land margin are you referring to?
You can discuss on such further issues with your advocate and proceed as per the recommendations.