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Akash   16 March 2021

Fixing of barriers in residential roads

I have a residential house in corner adjoining road which has gate for entry and exit. The local residents have also affixed a barrier behind the gate and this is causing double stoppage. The barrier has been fixed without permission of any authority and is at will by local residents. Is there any law regarding fixing of barriers on entry in residential roads as decided by local residents. What remedy do I have against this please help.

 10 Replies

MPS RAMANI (Scientist/Engineer)     16 March 2021

Local residents or any member of the public do not have any authority to fix barriers. The local authority or the police may have the authority subject to reasons. You can ask those doing it to remove them and if they don't complain to the police.

1 Like

Akash   16 March 2021

Sir can you provide any supporting law with it so that I can have some reference with me.

Vandan Kumar   16 March 2021

Law Easementary Right- No one can stop the movement of General public. For more contact me. 9326366062.

Akash   16 March 2021

Thanks for your reply sir but easement rights include highway and private ways does normal residential roads also get covered in it ?

Vandan Kumar   17 March 2021

yes also covered if people using for various years

MPS RAMANI (Scientist/Engineer)     17 March 2021

Your query is vague. What is the meaning of a residential road. Is the road on which they are placing barriers a private property? Is it to prevent you from trespassing into a private property that they are placing barriers?  If they place barriers, do you have an alternative route through which you can go out and come in?  If so why do you want to use this route only? Are there others also using this route? If so what are they doing? If you want to make a claim under Easement Right  you have to explain your case clearly and extensively. I cannot say whether you have Easement Right based on the information you have given. You consult a local lawyer and explain your case to him.

avadhesh Paliwal   17 March 2021

please put the matter on your municipal coroporation site he police help line side or put it this matter on social will get soon results

1 Like

Akash   18 March 2021

It’s not a private road. It’s meant for use of passage of general public. There are two parallel lanes and gates are being closed on rotational basis. It is hindering passage of public.

Rajkumar Sharma   04 May 2021

You can put a case for Easement/obstruction on road against such a person/persons/association in the concerned cty magistrate/SDM court as the case may be.

U will get judgement in ur favour,if it is not private property.

Raj Kumar Makkad   02 August 2021

Such public street/rod cannot be blocked/barriecated without any authority so you have various options to avail like complaint in writing to police and municipal authorities and also to file a petition under section 145 Criminal Procedure Code before Sub-Divisional Magistrate.

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