• How much space should I left for giving boundary

Dear Sir,
How much space should I left to give a brick boundary wall where as my naughbour's brick house left only 1.5 feet & in another mud house also left 1.5 feet. My area is under panchayat.
Also can Panchyat make rode within our property/land? Because some portion of our land (khamar) was without boundary. People used to go there. Now we want to give boundary wall. But from Panchayat force us to give way/passage within our property.
Please suggest what to do? 

Thanks & Regards,
Amalesh
Asked 6 months ago in Property Law from Tarakeswar, West Bengal
Religion: Hindu
1) you apply to panchayat and obtain sanction for carrying on construction on your plot 

2) panchayat will specify area to be left from boundary wall 

3) if there is no other access to neighbour plots panchayat can call upon you to permit right of way for the local villagers from portion of your land 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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1) check the space left by your neighbours and keep sane amount of space from
Boundary 

2) you can send letter to panchayat to specify in writing amount of space to be left from
Boundary while constructing house 

3) if panchayat has not given in writing that access from your property is to be given  you are not bound to do so . If subsequently they insist draw attention to alternate road available which has been wrongly blocked by neighbour 


Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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1) 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.

2) in your case there is an alternative concrete road wrongly blocked by neighbour . Villagers can claim access right through said road 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
Also can Panchyat make rode within our property/land? Because some portion of our land (khamar) was without boundary. People used to go there. Now we want to give boundary wall. But from Panchayat force us to give way/passage within our property.
Please suggest what to do? 

Take the help of an architect who will design the building plan including the boundary wall as well as the space to be left  or the setbacks to be maintained at what space etc.
Since this is panchayat limits, the local laws will apply for the setbacks to be left while preparing the construction plan and also since there was a public road involved in it, the panchayat interference shall be there if you do not get the panchayat's approval for construction as per the plan submitted before them.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Panchyat already given sanction for construction but there it is not mentioned how many space should be left. Verbally they said if neighbour left 1.5 feet then I also left 1.5. But when representative from Panchayat came, they told near mud house we have to left 3 feet (although they left 1 to 1.5 feet) & near brick house we have to left 1.5 feet.

If the sanction has been obtained from panchayat then what is the worry.  You may construct leavingspace as how your neighbors have done.
If your neighbor is a politically influenced person, let him be, you take care of your rights, if it is infringed you may approach court for remedy and relief.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
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I am satisfied. Only thing is there any rule or section of rule so that I can show them as an evidence in support of my argument.

Since this within the panchayat limits, the local laws will apply.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
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If others have left not more than 1.5 feet then you should also leave the same space. If there is alternate path available then you are not obligated to give passage through your property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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If the alternate path has been blocked by the neighbour then panchayat should take the necessary legal steps to recover the path from him instead of asking you to give access from your property.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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There is no section on this. This is the basic law.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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