Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Lone Survivor   04 February 2022

common passage rights

do I have the right to block the common passage at the end that is connecting me and 2 more neighbours to the main road.... so that the other plot owner who exists after the end of this passage could not use it for its plotting....me as well as all my neighbours are with me and do not want to allow anyone to extend this passage for their regular usage.... is it legal for me to do so?....


Learning

 4 Replies

PALLABH HALDAR   04 February 2022

No.

He has the legal Right.

He can file a Civil Suit so better not to disturb anyone till he troubles you.

Advocate Pallabh Haldar

Lone Survivor   04 February 2022

How can he have legal right?.... The passage have been made for 3 users and also he has a main road towards one end of his plot.... But to save his money he want to make his way through that common passage which I don't think has been authorized to him

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 February 2022

If a passage is owned by a public authority like a municipality or if a passage is being used by the public without any objection being raised for a long time such a passage cannot be closed by anyone.

Aryan Raj   05 February 2022

Dear Queriest, 

If you have a written documentation to verify that the common passage specifically belongs for the usage of only three of you only then you can try to block the passage for others. In any other case you cannot tamper with any property meant for public usage, if you try to do so the other party can file a civil suit against you and the other neighbors as well. My suggestion will be to seek a solution from the Municipal office of your area after verification of the documents related to the property. 

Regards,

Aryan Raj 


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