Road to my industry being blocked by title holder of land
Bharat kumar
(Querist) 25 July 2016
This query is : Resolved
A food industry stablished in 1962 in joint family. 15 feet road went to mill from black PWD road through which my truck has been coming and going. This industry allotted to me in verbal partition in 1974 and mututed in our name n 2011 by an affidavit of 1991 of our other family member.The title of the approach road to the mill is also owned by same other family member.
Now in 2016,the other family member are trying to block my 15 ft road to my industry and directing me to go other way, in which a vehicle can not reach my plant. Also with that 7-10 ft wide road, the value of my property will become 50% to its value. The 15 ft road is being used for this industry since last 54 years. How can any one block this road?This road is shown in government map also from PWD road to plant.
I had given petition to DM, SDO, Anchal officer, who gave a report in my favor that there is no other road to this mill and the road is being used since over 50 yrs.This road is also shown in govt map.
Kindly guide me if there is any similar judgement to such matter which can help me. Or kindly give me any clue where can I get such judgement details. I can search it over internet. Kindly help me.
dev kapoor
(Expert) 25 July 2016
Hi,
If you are a 'tenant' under law landlord is debarred from causing obstacles in your free and obstacle less use of the tenanted property.All States have their legislations to meet this kind of exigency and provide punishment of the landlord for creating hurldles like stopping use of electricity,water,making holes on roof tops the like.Consult a lawyer of your area.
Rajendra K Goyal
(Expert) 25 July 2016
If they try to block the road, file case for stay.
After such a long time it is difficult to close the Road.
R.K Nanda
(Expert) 25 July 2016
Nothing to add.
Bharat kumar
(Querist) 25 July 2016
Sir,
I am not a tenant, I am owner of my land area 9000sft, given to me under family verbal partition. Also this land is mututed in my name in 2011.I am paying circle as well as municipal tax for my land regularly. I have filed a case also in lower court.
But I need your help in giving me some clue on the previous court order in similar type of case where an industry for which a road is being used since 54 years back, can a title owner of the road can block it?
Bharat
Sudhir Kumar, Advocate
(Expert) 25 July 2016
your case need local inspection of site and examination of papers. Meet local lawyer.
Kumar Doab
(Expert) 25 July 2016
Oral Partition may need to be established.
There seems to be some affidavit.
Mutation record does not necessarily confer ownership.
You have posted that;
'This road is shown in government map also from PWD road to plant.'
'The title of the approach road to the mill is also owned by same other family member. '
Both are contradicting.
If the road has been taken over/acquired by PWD then accordingly the mutation records should have been updated with link documents.
You may certainly prefer to consult a very able local counsel with all docs and inputs on record for a considered opinion.
Bharat kumar
(Querist) 26 July 2016
Sirs,
My father 4 brother, partition in 1974, written on plain paper but I do not have that, so told verbal.They will also not open it as there are many other things in that order which is in our favor. The grain dal mill was installed in 1962, given to us in 1974 and by affidavit in 1991, in which he wrote that I am giving this piece of land to them on our family partition,transferred in municipality immediately, but we got it transferred in circle office in 2011 as there was no dispute like now at that time.Every thing was peaceful.
In 2014, my uncle told us to leave that 15ft rd and go by one other rd. But our truck can not go through that. So I filed petition to DM/SDO in 2014 Aug. Petition went to Anchal officer, who made inquiry and gave report to SDO that the mill is 50+ years old, given to him in partition, the only 15ft rd from PWD pucca rd, being used by dal mill and all persons in mill as well as my uncle family, who are also living there in separate house, as the whole land is in his name.He has 28 kathas of remaining land there in that campus.A Govt map is also there, which is showing the Rd from PWD pucca rd to dal mill.
Recently in 2016, they started separating our road, we moved to Police, nothing happened.we moved to SDO court, he sent inquiry letter to police, who gave report that both parties are using the road.
SDO issued 147 order on 4rth July, our opposite party did not receive it. We met city SP, who ordered police to paste it on their house, and same was done.
Now case is to open on 5th August. Now if I get some help from you & get some clue of previous judgement reference regarding any similar case, where a road being used by over 50 yrs, can not be blocked, it will be a great help to me sir.
Bharat
Kumar Doab
(Expert) 26 July 2016
You have reports from the government officials.
Engage a very able counsel and your counsel after considered examination shall choose citations if the need be.
