Our answers are based on various case laws of Supreme Court (Bachhaj Nahar vs. Nilima Mandal and Anr. MANU/SC/8199/2008, and Justiniano Antao and Ors. Vs.Respondent: Bernadette B. Pereira
1) Your Question: Whether the land owner has the rights over the approach road created for our property and sold as an attachment to our land.
a) Yes, Mr. Rao has rights over the approach road as he in his capacity as Trustee of the school has not specifically abandoned his rights to the use the approach road
b) Mr. Reddy has not stopped the school from using the said approach Road admeasuring 33 feet from 2005 to 2016 and ,
Nor has Mr.Sarma has stopped the school from using the said approach Road from 2016-2018 and topped the school from using the said approach Road AND
Nor has the flat buyers Stopped the school from using the said approach Road from the year 2018-2020
So, the school derives the right to use the approach road by virtue of them using the road from the year 2005.
2. Your Question: If the land owner has rights over the road, can he use the road for buses and for their commercial operations. If we both have rights over the road who will maintain the road.
The School in which Mr.Rao is a trustee has right of easement and the road has to be maintained jointly by flat owners and school
The government should take over maintanence.
3. Your Question: Mr.Reddy and Mr.Sarma have told that we have exclusive rights over this road. We have purchased flats because the land has got approach road to the main road. Can we get exclusive right over the road now?
Answer: Your lawyer should be able to convince the government. courts that school students (school students are public by any definition) will have better safety if they enter/exit the school premises vide 100 feet road rather than entry/exit points vide 33 feet road.
4) Additional Responses : Parking of school buses/vans in 33 feet road is any way illegal and you should complain to the police and collector on this aspect.
5) Additional Responses : Since the 2005 sale deed is absolutely silent on transfer of right of use of road by school, it cannot be said that right of use of 33 feet road has been extinguished by the School for which Mr.Rao is a Trustee.
6) Additional Responses :
a) In law, both Mr.Rao as an individual and Mr. Rao as trustee of the Educational Trust are two different persons.
b) So, the sale deed executed by Mr.Rao will be construed as an agreement executed by him as an individual and not as a trustee.
Hope this information is useful.