My plot is in a bye lane in which there r only two other plots. Both the other plots r motorable as they have acess to other roads. My plot is in between n is dependent on this bye for vehicles to enter....now this bye is currently semi motorable as it is only approx 6ft wide....now there is a small park(around 1000sq ft) at the edge of the lane which plot belongs to the government and which if dismantled can make my plot motorable. Is there ny law or ruling which can help me in getting the park dismantled as I m the only beneficiary from the change. The park is not open for public bt remains under lock n key n is maintained by a neighbour of mine
Asked in Civil Law from Shillong, Meghalaya
Hi, you can request the local authority and request them to pathway.......... you can do request not by law.
you can request the local authority to make your lane motor able...
1) you can make representation to the muncipal corporation in this regard .
2) check the development plan approved by Govt for your area . is there any such provision for motorable road . ?
3) if no response is received of your representations file RTi application in this regard
4) park is meant for benefit of citizens . if plot of 100 square feet is reserved for local garden then it wont be dismantled for your benefit
1. File a representation before our Municipality for curving a motorable road to your plot,
2. After some time ask fro the decusion on your said petition through RTI route,
3. If it is not in your favour, you can file a Writ Petition before the High Court against the decision taken by the Municipality.
Sir, there's where the question arises...if I move the high court...is there ny law or ruling which can go in my favour n compell the authority to change boundaries of the park
Asked 3 years ago
1) interests of members of public are taken into account .
2) public park is for benefit of all local residents . redrawing boundaries will deprive residents of open recreational ground
3) it is doubtful whether for benefit of single individiual park would be dismantled
Better is you meet the counsellor in your area and ask him to widen the same. They will have funds and can make it motor able.give a representation to the nearest muncipal corporation or panchayat they will help you.if not working you can purchase the same. Going to high court won't work much as one you will benefits if a mass is benefited it would have worked. Check the road details from revenue department and see how it was in that state in your land place only
If there are other people that would benefit by making the road motorable you could approach the local authority to get them to re fix the boundaries of the park to widen the road.
If you are the only person then you are against an uphill task .
It is unlikely that if you move the court you will get any favourable verdict to dismantle the park to widen the road
It is advisable to first approach your Municipal Councillor/corporator to get a clear picture as to whether the park is a part of the area development planning approved the municipality.
Dont think of dismantling anything. Your requirement is only to get your path mortarable. Stick up to the requirement. Put this request before the municipal authorities. Since the Municipal authorites are collecting Municipal tax from you, it is the responsibility to provide atleast motarable route.
The rest already advised by learned friends Mr. Ajay sethi and K.K.Ganguly.
1. Your Writ Petition will be to safe guard your constitutional right to have a motorable access to your plot being at per with your neighbour,
2. You can try this route but your case is not very strong since the Municipality shall have to curtail the interest of the public in general,
3. Still you can try as the Municipality can reallocate the park and you have the constitutional right to be treated at par with your neighbour.