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Nikhil Bhosale   04 November 2022

Not allowing to go through road

Many years ago the sugar factory had made a small public road for transportation (land for road between the two farms were given by us and neighbour farm).But the neighbour farmer don't agree with it . For 3 years he has been stopping us from transporting the trailer of sugarcane.What should we do legally.


 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2025

🚜 This kind of land access dispute is unfortunately quite common in rural India, especially when informal arrangements aren't backed by legal documentation. Here's how you can approach it legally:

 ðŸ§­ Legal Options You Can Explore Easement by Necessity: Under the Indian Easements Act, 1882, if your land is landlocked and the road is the only access, you may claim a legal right of way. This is called an easement of necessity.

Civil Suit for Injunction: You can file a case in civil court seeking: A declaration of your right to use the road. A permanent injunction to stop the neighbor from obstructing your access. Approach Revenue Authorities: File a complaint with the Tahsildar or Revenue Divisional Officer (RDO). Request a joint survey to establish the road’s existence and usage history. If they don’t act, escalate to the District Collector. Police Complaint: If the neighbor is using force or intimidation, you can file a complaint for criminal intimidation or obstruction under relevant sections of the Indian Penal Code. Mediation or Compensation: 

If legal action is slow or contentious, consider negotiating with the neighbor—possibly offering compensation for formalizing the road access. Gram Panchayat or Local Schemes: Explore government schemes like PM Gram Sadak Yojana or approach the Mandal Parishad Development Office (MPDO) for help in constructing or formalizing a public road. 

📑 What You’ll Need Land ownership documents Survey maps showing the road Evidence of past usage (photos, witness statements) Any written communication with the neighbor or authorities If you’re unsure where to begin, consulting a local property lawyer would be a smart first step. They can help you file the right applications and represent you in court if needed.


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