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Aditi (N/A)     22 December 2011

Who has the right to the road common to private and public?

Hi,

We have a farm land behind neighbor A's property. For us, the main road can be accessed from the common road(commond to me and neighbor 'B') which goes by the side of neighbor 'A' but neighbor 'A' does not have rights to this road.

Few years later neighbor A sold out his property and it was acquired by 3rd party and it was converted as residential plots and the entire sites were sold out. Then they handed it to village panchayat. The row houses adjacent to our common road now have just 4ft road were as ours is 16ft wide.

When the people who bough neighbor 'A' property learned that its not possible for them to lay the road with 4ft wide, they purchased one site from me (i sold out part of my farm land converted for housing that time). Now the same party who acquired 'A's land have rights to use our road (which is 16ft wide) until my property which came thru their purchase of site from my land.

Now this colony got an approval to lay the thar road for 16ft (common to private and public) + 4ft (public road) = 20ft wide and its completed now. The thar road stands at a height of  4 ft at the entry point of my land. My land was always at the lower point compared to 'A's land. 

The problem is:

- I'm not able to commute freely and not possible for a 4 wheelers like car to reach my property

- How can they convert the road which is common to me and other parties who bought my piece of sites(in which one of the party bought 'A's land aswell as explained above)?

I'm working in a different state so i visit my land once in a while. When i visited this time i learned that the thar road is completed, then i questioned the village president that "why didn't you inform me and other private owner?" and "why did you leave it in such state that i can not commute to my land"? - The replies were outstanding.

He says its approved by government. Did not mention about the kind of approval they got.

for Second question, the president asked me to take a corrective action myself and bear the cost as the government will not work for the welfare of the private property. He added that they can extended the thar road for the remaining portion in my land(100ft length of road. By the side of this road covers the area which i sold out as residential sites some 13years ago) if we hand it over to government. 

I'm wondering what kind of rules and laws are giving such rights that allows government officials to take action without notifying the concerned people.

Kindly advice me as in how can i proceed with this case? Is this activity by Villege president is legally accepted?

Now my farm work is pending as the heavy vehicles are having trouble to claim up this 4ft tall road. Plz reply at your earliest possible. I'm ready to provide more info, if the information provided here is insufficient for this matter.

Thanks for any help.



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