• Right of motorable road under land falling under Indian Railways

Facts

1) There is a area of municipal land which around 20-30 house are located, all legal occupants of the house. Most of them living in the same area for more than 50 years.
Also all the construction of house are under the permission of the local municipal board.

2) There is a railway line passing besides the houses . For which the land adjustments to the houses belongs to Indian railways.

3) There is no direct road government road connection to these house from the main road ,even though there is ample amount of vacant land belonging to Indian railways. 

4) Local Muncipalty denies to construct any road because the land belongs to the railway. They don’t even recognise the road.

5) Only due to vote just before election the Municipal representative send some amount brick and rocks in the name of road construction. But this is not recognised by the municipal board. 

6) Currently the road is operational because the people living in the area repairs the road at there own cost, however if required railways use the same road for their own construction purpose. 


Questions 

1) What is the best possible legal solution to request the government both Central and State government to construct the road? Because when we request the municipal board they denies the request stating that the land belongs to the railways and we don’t have any direct connection to a railway officer.

2) Is there any laws relating to construction of road under the railways land? 

3) Can the railways close the road permanently denying the citizen their right to a motor able road?
Asked 11 days ago in Constitutional Law

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12 Answers

1.  Based on the long term of residence in the vicinity, all people can join together and file a PIL before the high court seeking its intervention to direct the Railways to allot the vacant land for formation of road through the local municipalities which will slve the easement issues.  This is an easement by necessity and since the people living in the vicinity for over decades, they can even claim adverse possession for easement rights.

2. Since this is railway land, there is no provision in law for the private people or even the government agencies to occupy the railway land for any purpose including public utility. 

3. If the Railway does that then you may have to approach high court with a suit for mandatory injunction agaisnt the railways to remove the blockade under law of adverse possession and law of easement rights. 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

The Railway Board has written  to the chief secretaries of West Bengal, Gujarat, Tamil Nadu, Jharkhand, Punjab, Madhya Pradesh, Maharashtra, Odisha, Karnataka, Uttar Pradesh, Karnataka, Chhattisgarh and Assam, stated that they send in proposals to use these land parcels which have remained unused.

 

2)These land parcels can be used by the state governments for construction of highways, roads or any other useful purpose...

 

3) The amount payable for the land will be in all cases be its market value on the date of transfer... The land can also be transferred to the state government on the basis of exchange of land with state government land which may be useful to the railways on equitable cost basis,"

4) you should make representation to railway board and state govt 

 

5) if no rely received file writ petition in HC to direct state govt to acquire land from railways for construction of road 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

Usable road is fundamental right within the purview of right to life under Article 21. File a writ in High Court making the Municipal Authority, State Government and Railways respondents for direction to direction to coordinate among them and laying down a road. Any promise made by Municipal Authority before elections are worthless. Right to life is your Brahamastra.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

File a writ petition in HC. It will ve resolved. No railways cant legally do the same

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

Dear Client,

permission needs to be taken before encroaching into the property of Railways. but on request, Railways authority can agree for the temporary use of that road until any other road or solution is created. railways may stop people from using its land. 

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

Collect all records of demands and requests made by you to authorities seeking laying down of road. Referring to all such record issue fresh notice through lawyer to all the three authorities seeking a road listing all your grievances giving one months to time for concreate assurance. Thereafter prepare a comprehensive writ engaging a senior lawyer practicing at High Court and file the writ. File the writ in representative capacity will all residents as petitioners.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

You can contact an advocate practicing in high court particularly specialist in writ cases. 

He will advise you properly 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Make representation to railway board and state 

 

if no response received file writ petition in HC 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

Yes send a legal notice if not resolved by railways file it. Your lawyer will do the same for you

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

- As per the Easement Act and also Property Law Act, you have right to claim a road to reach to your residential abode. 

- Further ,as this property is not under the Municipal Corporations , then you cannot file a case against the same for getting the facility of a road. 

- Further, as this is Railway property , then you all can jointly file a requisition before the Railway concerned department for sanctioning the said extra land for a pathway. 

- Further, if rejected , then you will have to approach the High Court after filing a Writ Petition for getting the same. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

Dear Client,

contact Railways before filing a writ petition in this case. you can mention the matter you want to know while filing the RTI.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

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Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

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