Ramp outside house
Anubhav
(Querist) 02 November 2015
This query is : Resolved
Dear experts,
A local politician is making complaint against regular car ramp built by a relative of mine. The ram is very regular in size and is built using granite. The municipal officer has asked him to remove the ramp or they will do it themselves.
Now I have these queries:
1.In the same road and through out the city such ramps have been built but they are only taking action against my relative, can it be contested or is there any basic principle in law against such an attitude and what can be my course of action.
2.The ramp is a necessary part of house since it allows access to vehicles like cars and these ramps do not obstruct the movements of pedestrian in anyway. However such ramps are built outside the plot area and on to the footpath area. Is it illegal to make such a structure even when we did the work of authorities but just customized the ramp as per our needs.
Some suggestions would be very welcome.
Regards.
Anirudh
(Expert) 02 November 2015
In fact any such ramp cannot encroach the public land i.e. road..
So long as the ramp stops within the boundary wall of your house, that is OK. Anything other than that is wrong and the Municipal Authorities have right to demolish it, unless you demolish it yourself.
Yes, Ram is a necessary part. But as you yourself rightly put, it is part of the house and not part of the road! Whether it affects pedestrians or not is not the question. Whether you have right to put such ramp which encroaches on the public road is the question.
You are completely wrong when you say that "we did the work of authorities". The Authorities are not obliged to construct ramp for your requirement.
Whether the authorities are taking action against other similarly placed persons or not is unnecessary. You can claim equality under Article 14 based on positive provision. That is, if there is any right given to you to build such ramp under any Rule/Law, then, if only you are being asked to demolish while others are not, you can claim equality and complaint about discriminatory treatment by the Authorities.
But, when you have no right under any Rule/Law to put up such a ramp which encroaches on the public road, you cannot claim equality under 'negative concept' i.e, others who have committed such mistakes have not been taken to task.
Rajendra K Goyal
(Expert) 02 November 2015
Ramp is considered irregular and can be demolished, if it covers any part of public Road.
Anubhav
(Querist) 02 November 2015
Thanks.Your answers greatly enlightened me. Also thanks for taking out time to answer my query.
It seems so many people are flouting this rule, since I hardly see a car ramp finishing inside the residential premises itself.
Also for your reference I was talking about a ramp like this one.
http://imgur.com/6X1HLCS
Anirudh
(Expert) 02 November 2015
I also see many persons driving past while the RED Signal is on. That does not mean what they are doing is lawful!
Anubhav
(Querist) 02 November 2015
Yup...got it...anyways if there were as many people running the red light in India as there were people who have built such a structure...India would be the least populated country by now.
Thanks for clearing my query..you are awesome.
Anirudh
(Expert) 02 November 2015
Yes, you and I are still here, because still some people follow law!
R.K Nanda
(Expert) 03 November 2015
nothing to add.
