Village road development - cart track "nilaviyal pathai" - patta land clarification

Dear Sir/Madam We have an Earthen Road in our Village (Marked as “Cart Track” *Vandi Pathai – in Tamil* as per Village MAP - Resurvey 1928 & UDR 1985) and being used for Public Purpose as a link road to connect villages/hamlet for quite long time and there is No Encroachment at all. Total Length of the Road is around 1.7 KMs and average widdth is around 20 Feet. (Min 13 Feet and Maximum 27 Feet) Entire Road Area / Pathway is demarcated with different sub-divided SF Numbers (Example SF Nos : 56/2 , 57/2……and so on) from the land where the owners are having title of the whole survey number (Example SF Nos : 56, 57) To illustrate further, Let us consider, A land owner is having ownership title for Land Area of 5.25 Acres in his registration document and subsequent Patta was issued for 5.0 Acres as Punja- Ryotwari (Example SF No : 56/1) & 0.25 Acres as Punja - Ryotwari with A-Register Note as “Nilaviyal Pathai” (Example SF No : 56/2). As per the Land Administration Guidelines, demarcation of the Nilaviyal Pathai even running in Patta land is owned to the Government and Tahsildar is empowered to vacate the encroachment found in the Nilaviyal Pathai. Also Nilaviyal Cart Track running through Patta land is a Government Land and the public has the right of way to pass through this Nilaviyal Cart Track and the pattadar has no right to close his cart track rendering it impossible to public. Here my query/understanding is that any Demarcated Planned pathway / Passage/ Nilaviyal Pathai / Cart Track running through Patta land is a Government Land in case of Encroachment only, but there is no empowerment or rights to develop the road for public usage even by the Government Authorities (Block Development Officer, Highways or Panchayat etc.,) without concern/permission/handover to the Panchayat from the (Nilaviyal Pathai – A Reg note) Pattadar (Example SF No : 56/2). Due to this restriction, many of the Village Roads in India were not taken for development by the Government Authorities, because in general scenario we can’t expect that all pattadar will co-operate for the development of the road. We are impacted due to this constrain, Government authorities want all pattadars concern/permission/handover to develop Earthen Road to Tar Road for which we tried from the past 10 years, even after several attempt it was failure now it has become practically impossible. Out of around 10 pattadars, 8 members want to develop the road where as other 2 pattadars not ready to give their permission / concern / handover to Government Authorities for road development. Being Village Road with less importance, Government is not keen on to start Land Acquisition or other equivalent process. Considering the Village/Rural Infrastructure Development and Basic Amenity to the public / nearby living hood, can we go for PIL to give proper amendment/direction/reframe guidelines/change in Patta classification if any to the Government Authorities in such case of Road/Pathway/Cart Track/Nilaviyal Pathai related issues for Development of Road where majority of the people (Pattadars) or majority length (more than 2/3 area) are wanted to develop and bypassing fewer objection/unwillingness which is stopping the development. Kindly suggest your views – Regards - Sundaram