Posted On 22 April 2012 at 23:36
i have an interesting question to put before you. please go through the question carefully and give me an apt reply.
I am staying in the heart of calicut corporation city, just 5 meters away from the railway track. i have a narrow pathway to my house from the road adjacent to the said railway track.pathway is our property. my pathway is so narrow that a car can hardly enter through the said pathway. now , i am planning to buy a car also !
now, a person has bought the adjacent land and it is reliably learned that he is all set to build a big shopping complex in the said land.
now, i am very much in need of a small portion of land , just to widen the pathway , so that , a car can easily enter through our pathway.
i have several options for this.my present idea is that we are ready to give the whole pathway to him, and in exchange , we will ask for a a little more wider pathway through the other side of our property , so that a car can easily enter through the new road.in this exchange we are giving more land , and asks only a smaller land for road.
here, i could not meet the concerned man till now , as he is abroad.
my question is that if he refuses such an exchange , have i got any other option by approaching a civil court ?
my mother is so old and sick that a motor car has become a necessity now-a-days !
(1) whether i can enforce this right of way " for a car ", through any civil courts ?
(2) whether a person can build a big shopping complex in a residential area ?
(3)whether i can object his attempt of building a shopping complex, stating that it obstructs the free access of light and air to the near by my residence ?
(4) is there any rule that a construction of shopping complex should be ....... km away from the railway property.....?
(5) where any such provision is discussed
in RAILWAY ACT or CORPORATION ACT ?
(6)whether i can claim the right of way "FOR MOTOR VEHICLES ", as a matter of right ,by filing a WRIT in high court ?
(7) or if he refuses to give a broader way, i have no other option , but just to go through my old narrow pathway and forget about buying a new car ?