Regarding access road
Miral
(Querist) 20 July 2013
This query is : Resolved
Recently our a land has been purchased by us from a pvt ltd co. in Free Zone @raigad district in Maharashtra. The land has no access road from Tar road. So how can v get road.
The land in between property and tar road has Forest reservation. And the same Forest land was previously owned by Pvt Ltd Co.
The 7/12 extract still has the Pvt Ltd companies name in other rights.
So can we have an access road through Forest Land. If yes, what legal procedure should be done.
Dr. Jyothi Vishwanath
(Expert) 20 July 2013
Start using the forest land. If you use it for 20 years, you will acquire easementary right to use it in future.
Miral
(Querist) 21 July 2013
thanks for the help
Miral
(Querist) 21 July 2013
can we claim that road is been from 20 yrs by previous owners.. cz the forest reservation has been applicable much before that..
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
Easementary rights are very delicate and have to be proved strictly in the court. If the previous owner has not used them, then you cannot claim it falsely.
Advocate Ravinder
(Expert) 25 August 2013
Nothing to worry, you have to put an application before the District Collector, copy to Mandal REvenue officer stating the above facts. The Collector orders the Forest dept to give way from tar road to your land. As per law it is mandatory that the way has to be given to the land owners who has no thoroughfare and whose land was blocked in between the surrounding land owners.
If you do not get response from the collector, then file a writ petition making the collector, MRO, and forest dept and neighbouring land owners as parties to the writ petition.
