• Regarding road to my house

Sir I built my house on a purchased land which was a land given by Govt for building of house and in the registers it all rights of Jal and jangal were given . It is about 100 mt from the road and in between is Govt land and adjoining is the residential land of Forest department. Initially I approached the Forest DFO divisional forest officer regarding the road through this Govt land for which he agreed after demarcation by revenue department I build a road through this land.
And I has been using this road for last 20 years . Now I wanted to repair this road but now the forest department DFO has stopped my work and said that this is the Govt land and Forest department is custodian of all Govt land and he cannot allow any work activity on this road. So now what should I do kindly Guid me
Asked 1 year ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

You can claim easmentary right of perscription as you have enjoyed usage of road for over 20 years and there is no other access to your land 

 

2) rely upon permission granted by forest department for usage of road 20 years back 

Ajay Sethi
Advocate, Mumbai
96110 Answers
7730 Consultations

5.0 on 5.0

You don’t have any evidence that you are using Road to your land for 20 years 

 

your remedy is to claim easmentary right of necessity as there is no other access to your land 

Ajay Sethi
Advocate, Mumbai
96110 Answers
7730 Consultations

5.0 on 5.0

“Section 15 of the Indian Easements Act

— Acquisition by prescription : and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto as an easement, and as of right, without interruption, and for twenty years, the right to such access……….. easement shall be absolute.”

Since you have been using the road through the government land for the last 20 years, you may have acquired a prescriptive / easementary right to use the road. A prescriptive right is a right acquired by the continuous and uninterrupted use of a property for a specific period, without any objection from the owner of the property. However, this may depend on the specific laws and regulations in your state or jurisdiction.

you may need to file a civil suit in the court seeking a declaration of your right to use the road, based on your long and uninterrupted use. This may involve presenting evidence of your use of the road, such as any receipts or documents relating to the construction and maintenance of the road, and any other relevant documents or witness testimony.

In any case, it is important to follow the legal process and to avoid any unauthorized construction or activities on the government land, which may result in legal consequences.

 

Lalit Kumar
Advocate, Delhi
5 Answers

Not rated

Dear client,  

In this situation, it is important to gather all the necessary documents and evidence to establish your right over the road. Some of the steps you can take are:

Obtain copies of all the documents related to the purchase of the land, including the sale deed, mutation certificate, and any other relevant document.

Verify the terms and conditions under which the land was granted by the government for building the house. Check if there are any restrictions or conditions related to the use of the land or any other rights that were granted to the government.

Obtain copies of any communication or correspondence you had with the Forest Department regarding the construction of the road, even if it was verbal.

Try to obtain any evidence of the use of the road, such as photographs or affidavits from people who have used the road for the past 20 years.

Consult a local lawyer who specializes in property law and explain the situation to them. They can advise you on the legal options available to you, such as filing a suit for declaration of your rights over the road or seeking an injunction against the Forest Department's actions.

Approach the revenue department and apply for the inclusion of the road in the revenue record. This will help establish your right over the road.

If necessary, you can also approach higher authorities in the Forest Department and the revenue department to seek their intervention in resolving the issue.

It is important to act promptly and obtain legal advice as soon as possible to protect your rights over the road.

 

Anik Miu
Advocate, Bangalore
9802 Answers
115 Consultations

4.9 on 5.0

If there was a permission granted to you in writing by the forest department 20 years ago, then on that basis you can submit an application seeking their permission to carry out the desired task.

Besides since you had been using the road for 20 years or more, you can claim easement rights also.

You can file a suit for easement rights by prescription befor a jurisdictional court if the forest officer is refusing to permit you to re-construct or use the road anymore.

 

T Kalaiselvan
Advocate, Vellore
86302 Answers
2292 Consultations

5.0 on 5.0

If there was no written permission granted in those days then you may have to rely upon the easement rights by necessity if there is no alternate road or pathway to you, however if you have a different pathway but if you had been using this road alone for the past 20 years, which was  not objected by the forest officials till now  and as the road needs repair for using it for your peaceful and comfortable ingress and egress purpose, then you can file a suit for easement rights by prescription.

 

T Kalaiselvan
Advocate, Vellore
86302 Answers
2292 Consultations

5.0 on 5.0

1.  You are entitled for easementary rights.

2.   Approach the DFO of forest department with a representation stating that you have easementary rights of right of way. Similarly approach the jurisdictional Collector and request for your easementary rights to be protected.

3.   If no positive response is forthcoming, file a Writ in the jurisdictional High Court for exercising your easementary rights.

U R Welcome Sir.

Shashidhar S. Sastry
Advocate, Bangalore
5284 Answers
326 Consultations

5.0 on 5.0

Since you were  continuously using the road without any hinderence from the  forest department for last 20 years  ,you were having  defacto posession of the road. The easement act is also in your favour. You may move a written application to forest department for improving the road.

if they did not agree you have a strong case to approch the court.

Austine Eapen
Advocate, Bangalore
15 Answers

Not rated

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