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SK Imran Islam (Accountant)     27 September 2013

Obstructing use of common passage / road

There were 2 schedule adjacent lands (say A and B). My friend and I bought plots on (South and North plots respectively) schedule A after its plotting done by the owner. There is a common passage which divides our plots (mentioned in the deed). That common passage went through schedule B also and connected to the main road. The entire road was sanctioned and approved by the Municipality at the time of Building Plan sanction of mine in the year 2008. Schedule B was also sold to various parties after plotting and creating that common passage (which is later connected to common passage of schedule A) by a person (Say Mr. X). Later it was found that Mr. X sold his uncle’s property to all the Plot buyers of Schedule B. Not only that Mr. X sold Easement right (on common passage between our plots) to another land owner whose land was adjacent to my friends plot in the year 2002.
Knowing that, plots of schedule B was not sold by the actual owner, a promoter forcefully vacating plots on it (as they have not registered their plots) and claiming that he (promoter) has purchased the plot from the actual owner (Uncle of Mr.X).
Now the promoter is threatening us that he will block the common passage on schedule B, so that we sell our plots to him at a lower price.
Electric supply line has already come on schedule B and some plot owners have got the connections also. We have applied for connection to our plots on Schedule A. Subsequently the electric supply came and installed pole on common passage (of B) twice, but the promoter had uprooted them both the time.

Question 1) Will approval and sanctioning of the entire common passage by the municipality be of any use?

Question 2) Will the promoter be able to block the road if at all he purchased schedule B from actual owner few years back?

My friend is living there since form 2002.

Bellow is the image of the property of the promoter:-

Image of the Schedule B, Common Passage on It and Present Electric Pole



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