If forest department is refusing to grant you approach road to your land seek court orders to direct forest department to provide you access to your land
Connecting Road to the agricultural land
Dear sir, I have an agricultural ancestral property of 6 acres where we are cultivating cashew. The property does not have an approach road. If I want to construct approach road, I have to construct road in forest land around 70mtr.Forest department is not allowing me to construct an approach road to the property. Is there any legal solution to my problem? How I can construct legal road such that In future I can build a house in the property?
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
Make a request to Collector for acquisition of land to lay down approach road from forest department. After that file a writ petition in High Court of Karnataka seeking direction to Collector for laying down approach road to your agricultural property. Right to access agricultural property through properly laid down road is fundamental right relatable to Right to Life under Article 21 of Constitution of India.
Thank you very much sir....Under which act I have to approach the court?
Asked 3 years ago
You can claim easmentary right of necessity as there is no other access to your plot
it would be under easment act
You need to approach court for easement right in the said property
- Since, your property is not having approach the main road, hence you have right to get the same legally.
- Firstly you should lodge your complaint with the commissioner of Municipal Corporation of your area and also to the Forest department office for arranging the same.
- if no response, then file a suit against the forest department under The Indian Easement act , for claiming path to your property.
.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining the forest department from obstructing your right to access till main road , if you are using for long period.
The ancestral property had been existing for decades together and the cultivation activities were going on all these years.
How were you approaching the property from road all these years?
You can find the solution in the property's registered document itself about the pathway for e=ingress and egress as well as pathway to access road from the property and back.
If your current usage has been blocked by any source or anyone then you can approach court of law with a suit for easement rights by necessity for relief and remedy.
You can file a suit mandatory injunction under the provisions of easement rights act before the jurisdictional civil court, you may consult with a local lawyer and proceed as suggested.
It is not Act, it is Constitution of India. State is bound to provide road to every citizen to reach place of source of income. A writ will have to be filed in High Court under Article 226 invoking Article 21 of Constitution of India.
Dear Client,
The main stakeholders in forest resources are the public, local communities, investors and forest owners. More than 99.5 percent of forest resources are owned by the State, with the remainder owned by public or private entities.So kindly approach the Forest department for permission to construct a house in that land.You can buy land in just about any national forest.The reason why is because there's a lot of private property located inside national forest boundaries. These lands continue to be privately owned, and they often go up for sale.
Thanks & Regards
