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E (CEO)     22 June 2024

Can any one claim ownership on the road which is on their land where the government money is spent b

Can anyone claim its ownership on the land where Government money is utilised / spent on the upkeep of roads etc for the benefit of general public at large . 

In this case: 

A Houisng Cooperative Society is formed who has no land/ very less in their name. They have sold plots as private owners. They have carved the roads from those plots. The roads are still in the joint ownership of residents . 

Now the Municipal corporation is spending on the development, maintenance of these roads by laying interlocking tiles, pavers etc .

They Society office bearers do demand money as access charges from the land owners who are adjacent to society & have to pass through the roads developed by the society. As they say it is their joint land i.e( Mustarka . )

It is worth mentioning , here that the roads are now being maintained by Municipal Corporation by laying interlocking tiles & Pavers.

My question is:

Can any one claim ownership on the road which is on their land where the government money is spent by the Municipal  Corporation / Panchayats  for the benefit of public at large .

Is there any case law regarding the same .



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     23 June 2024

If the road is within the complex of society then the access to it may be restricted by the society. 

However if it outside the society complex then they cannot prevent public from using the government roads 

P. Venu (Advocate)     28 June 2024

Generally, Municipality does not spend their funds in maintaining the road unless it is transferred to them. Once transferred, it is no longer a private property.

E (CEO)     30 June 2024

IN this case Municipal Corporation is doing the same  & the society is maintaining it has not transferred or given any NOC . 

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