• Motorable road

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 2 years ago 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.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
you can request the local authority to make your lane motor able...
Sujoy
Advocate, Guwahati
8 Answers
0 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
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
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
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.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
nothing left to add
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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