LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SOMNATH BISWAS (Officer)     23 June 2013

Obstructing use of common passage / road

 

     Land adjacent to my Land sold 20 years back in 2 plots.  Owner of that 2 plots have mutually decided to make 6 feet common passage for their entry and exit to main road on that time 4 other plot owner participated with them and convert the common passage to road by contributing money that common passage also sanctioned by municipality at their plan also .  That 6 feet wide lane / road connecting 2 main roads of locality. Now the 6 plot owners are using the road along with general public and their tenant.  As per their demand I have already given 7-8 inch (approx) land (through out the length of the road where from my entrance begin approx. ) of my own to make the road wide but it was verbally at the time when they were measuring the land. Now municipality given a water connection on that road and also developed the road by bricking the path from the aid of slum development project also electricity supply board given connection to different plot owner by using the road.  Since road was created I am using the road with my tenant also. Now for security reason I have constructed a wall in  that road side. At the time of wall construction they have not raised any complain but when I am putting gate on my land they are ( specially 2 adjacent plot owner ) opposing me and saying If I put the gate they will not allow me to use the road. Although I have a 3 ft entrance to connect with main road. But my question is can any body stop me using a road which used by general public and developed by municipality.



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 June 2013

No body can obstruct you to use the road.  If any obstructs then you will have to file a suit for declaration and injunction of easementary rights.

SOMNATH BISWAS (Officer)     23 June 2013

Dear Rajeev Sir,

Thanks a ton for your kind suggestion and advice. It gives me relife. Sir one more question to you, Can i put the gate at my land only at wall adjecent to the common road.

 

Thanks.

Somnath Biswas

MohammedRaffiq Bijapur (Advocate)     23 June 2013

Rajeev sir is right

Yes u can put gate in compund wall on the connecting road side.

Sudhir Kumar, Advocate (Advocate)     23 June 2013

you should seek police help before waall is constructed.  Failing which you have to file civil suit as advised above.

Rajeev Kumar (Lawyer/Advocate)     23 June 2013

With the help of police you can put the gate on your compound wall. If it fails by any reason then file a suit as discussed by adv. rajeev(rajoo).

SK Imran Islam (Accountant)     27 September 2013

There were 2 schedule adjacent lands (say A and B). My friend and I bought (north and south 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 (of 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.

Is approval and sanctioning of the entire common passage by the municipality will be of any use? My friend is living there since form 2002.

Sudhir Kumar, Advocate (Advocate)     27 September 2013

Mr Imran Islam

 

please start you own query do not mix up with existing one, so that you can be advised based on your facts.

SK Imran Islam (Accountant)     29 September 2013

Sorry Sudhid Sir for this.

 

I have posted this in a new thread under Property/Partition with the same subject on 26-9-13. Kindly Advise.

Thanks.

CHANDAN KUMAR SAHA (ACCOUNTS MANAGER)     15 October 2014

Dear Sir,

There are three separate  Plots of Land with Residential Building one after another having no specific Site Plan drawing for any common passage for any Plot Holder in their respective Deed of  Title / Conveyance. Example A is the Owner of 1st Plot uses his passage from the last border i.e. South side of his 1st Plot only. B - the 2nd Plot Holder uses  first his own 2nd Plot from the South side and there after use 1st Plot of A for Common Passage. And again A - 3rd Plot Holder named as C first uses  his 3rd Plot of own Land from South Side  then 2nd Plot of B and there after 1st Plot of him self since last 40 years. The problem is that 20 years ago the 1st Plot Holder intentionally  has constructed a Common concrete with Steel Gate at the entrance of 1st Plot so that any outsider cann't enter into the 2nd or 3rd Plot easily without the consent of 1st Plot Holders( Actually to capture and occupy the Land of B with undue influence). Now the 2nd Plot Holder intends to sell out his Plot but the 1st Plot Holder neither agree to demolish the Main Concreted Steel Gate nor gives the scope to sell to outside Party. Now what is the remedy as per Indian Law. Pl. advice me accordingly.

PLOT - P (OTHER)

 

PLOT-B   - 2

 
 
 
 
 
 

 

PLOT-C (A)   -3

 
 

COMMON PASSAGE - USED BY A,B,&C

GATE

USED BY B & C (A)

USED BY C (A)

 

PLOT - X (OTHERS)

PLOT - Y (OTHERS)

 
 
 
 
 
 
 
                       
 

COLOURED PLOT HOLD BY - A

             
 

CLOURED PLOT HOLD BY - B

             
 

COLOURED PLOT HOLD BY - C (A) 

             
                     

 

 

Thanks ,

Chandan Kumar Saha


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query