• Agricultural land landlocked by illegal layouts

I have half-an-acre agricultural land in a village at East Godavari district in Andhra Pradesh State which is landlocked due to coming up of illegal layouts in neighboring agricultural lands on three sides.  Gram Panchayat has admitted in writing that these layouts have no approval and the neighbouring landowners are obstructing us from allowing the tractor, agricultural equipment as well as the agricultural produce through the road they have laid which connected to Village main road.
Kindly advise me.
Asked 8 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) you have easmentary right of necessity if there is No other right of way to your land 

2)Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.



3)  under section 35 of easement act you can obtain permanent injunction restraining your neighbour  from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
Ajay Sethi
Advocate, Mumbai
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Hi, You have elementary right of road they can't deny the path to your agricultural field so you can file a suit for elementary before the Jurisdictional court. 
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Hi
There can be no road without approval of Gram panchayat and more so if the lay outs are not approved by the Gram Panchayat. an individual or a group of persons cannot do hooliganism and deny the man rights to access his property. 

You can file a suit in district courts/  or approach the District Collector  against the neighbouring owners from interfering with the peaceful possession of your property and also obtain easement rights for approach road.

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
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I have half-an-acre agricultural land in a village at East Godavari district in Andhra Pradesh State which is landlocked due to coming up of illegal layouts in neighboring agricultural lands on three sides.  Gram Panchayat has admitted in writing that these layouts have no approval and the neighbouring landowners are obstructing us from allowing the tractor, agricultural equipment as well as the agricultural produce through the road they have laid which connected to Village main road.

Your property documents will clearly mention the check boundaries and also rough sketch or village map may show the approach to road.  You must make sure the road and approach from your property by getting your land surveyed by the taluk surveyor, get the report and file a suit for easement rights if the pathway is being blocked by illegal occupiers or blocked by illegal layouts. First issue a legal notice to the obstructors and then initiate a suit for easement rights as well as permanent injunction. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Do I have any easement rights for approach road?

The approach to your property from road or the pathway that is being blocked or obstructed  will de 'depriving your rights' to your property, hence you can very well file an easement by necessity suit.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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Since your land is blocked by layouts which are not sanctioned by the competent authority the remedy for you is to file a suit for declaration of layouts as illegal and their consequent demolition by civic bodies through injunction.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
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