Gram Panchayat approved school compound wall is blocking our path
I Belong to a small Village in Telangana State near to Hyderabad, we are nearly twenty families who are seriously getting an intentional political trouble created by him. As he strongly feels many of our families were not his favor during his election. Hence is intentionally constructing a govt. School compound wall in a way it is blocking our alternate pathway used for four wheeler passage.
our families have an old existing narrow passage to connect to main road.from our homes which is very difficult for the four wheeler passage & for some families it is totally impossible to reach their homes with four wheelers. Alternate to this we have an NRI ownership open land (nearly half acre) adjacent to our locality which was allowing us to as a Four wheedler passage from many years. The Owners of this land have not bothered about this land from many years (more than 30 years) as they have completely settled in USA. Fiftten years back our Old Sarpanch has approved and constructed on some portion of this land to Govt. primary School. Now recently our current Sarpanch has extended few more class rooms in this open area in such a way that it is totally blocking the alternate passage used by our neighbours.. addition to this class rooms now he approved and constructing a compound wall to the complete boundary in such a way there is no option even for a single person to walk. All our families went and submitted a request to Sarpanch & Panchayat Secretery to allow a minimum pathway from the edge of the open land and continue the compound wall construction, But Sarpanch denied this as it is an order from District collector. we all went and submitted a petetion to our District Joint Collector, he then immediately endorsed on our petetion and ordered our Zonal Revenue Divisonal officer (RDO) to do a physical enquiry and asked to stop the construction and get this issue sorted out. But RDO was again managed by our Sarpanch with some of his personal links & asked him to be on neutral point. If we physical go and object the construction he always bringing his some his drunkard followers and making a nuisance by showcasing as if we are objecting a public construction work. What my question here is when the Sarpanch has a right to approve an NRI neglected land to the Govt. School why cant he approve some minimum portion from the same land as a pathway to benefit the local families which is again an act in the name of public intrest. Do we have any legal ways to challenge this in the
court. One additional point here is that six months back when Sarpanch was extending the class rooms in the same NRI land one of our neighbour's house passage was
already blocked thus he went and filed a petetion in the local court requsting for an injuction on the grounds of easementry rights, but the court has not provided any
injuction as which is against government but it has sent a simple notices to concerned departments to answer on that .in this meanwhile sarpanch has completed all his
construction od class rooms. Hence going through all the above mentioned points do we have any postive hopes to challenge this in the court ? because many of us
neighbours are thinking that once the compund wall construction is completed the chances are very less to get this issue resolved as it involves a lengthy process to
get this dismentled. which is highly impossible. If we file a case in the court will this benefit atleast for our near future atleast by the time new Sarpanch is
elected (more two years). Please clarify on this.
Asked in Constitutional Law from Singapore
1. If the construction is still in progress then all the affected parties can immediately move to file a lawsuit to claim injunction against the construction, a remedy which you have already availed. The court has instead of ordering injunction at the throw of a hat, issued summons to the govt to hear it before passing any order. If a long date has been set by the court for the reply of the govt then you may move the High Court for necessary reliefs.
2. Once the construction is completed a separate lawsuit for demolishing it will have to be filed. Act now before it gets too late.
1) you can file suit and claim easmentary right of necessity as there is no other pathway to reach your plot
2) the existing pathway is too narrow to allow cars to pass through
3) seek an injunction restraining gram panchayat from disturbing your right of access
4) seek orders to demolish compound wall if it blocks your right of way
You may file revision petition against the refusal of injunction because notice under secton 80 is not compulsory in each and every case. If case warrants immediate relief court can grant injunction without giving notice to govt auth.
You can also file a writ of mandmus under art. 226 before high court for stay of construction. But you have to show that you have been using this pathway peacefully from more than 20 years.