Passage is made on the private property and government money is spent on the said passage it become

No, it will remain private and personal passage and shall not change its status to become public passage even if public money is used.

Sir, 

It means people are at the mercy of that person on whose land such passage exists . He has the right to stop the way of other people who can pass through this passgae to reach their homes/ fields

Correct.

It is will and wish of  owner of the land to allow of deny access through his/her land.

The query is short of material facts. How come money has been spent for improving a private property? Which is the Authority which has spent the money?

Justice Krishna Iyer’s minority view in that case argued that both private and public resources could be considered community resources if they serve the greater good. His interpretation leaned towards the government having more expansive powers to regulate or take over private property.

Can you please share the  judgement of justice Krishna Iyer where he has expressed such view .

The details of the issue are too short to render any further opinion than the ones  rendered by various advocates above , hence you either revert with background details or confide in your own advocate in this regard for all such future action plans

Sir, The material facts of the case afre as under:

A House building cooperative Society has come up . It has the passage approved from the TCP departnent along with the colony plan. As per the revenue the passage is not in the name of the society it belongs to various plot holders/ memebers of the society. The passage is not resticted to the approved plan it goes and links with various other land ownrers/ residents  of the area. 

Recently , Municipal Coropration has developed the passage under the Smart City Mission by laying paverrs , tiles etc through a genreal tender dfor the area in which this society exists . Such thing is availble theough RTI. Prior to area being merged under Municipal Corporation the same was laid of bitumen . As per the RTI information. 

Not only one passge has been maintained by Municipal Corpration. It is time and again Municial Corporation has maintainre the area

The Revenue Records are not conclusive as to title. Please ascertain whether the concerned plot holders had surrendered/transferred the occupancy to the local body so that the construction of the pathway could be taken up.

Merely because government funds are spent on constructing or improving a passage over private land, the passage does not automatically become a public passage or public road.

Legal Position

The legal character of the land depends on its ownership and the manner in which it has been dedicated or acquired, not merely on who paid for construction.

A private passage can become a public passage only if one of the following occurs:

1. The land is legally acquired by the Government or local authority under the applicable land acquisition law.
2. The owner dedicates the land to the public, either expressly (e.g., by a registered deed or formal declaration) or by clear conduct showing an intention to permanently dedicate it for public use, and the dedication is accepted by the competent authority.
3. The land vests in the Government or local authority under a statute.
4. A public right of way is established by law, such as through statutory provisions or, in some cases, by prescripttion where the legal requirements are satisfied.

Mere Expenditure of Government Money Is Not Enough

If the Government or Panchayat:

• lays concrete,
• repairs the pathway,
• installs drainage,
• or spends public money on a passage,

that alone does not transfer ownership of the land to the Government or convert it into a public road.

The ownership of the land remains with the private owner unless there is a valid legal transfer, acquisition, or dedication.

Burden of Proof

A person claiming that a private passage has become a public passage must prove:

• lawful acquisition or transfer of the land,
• dedication to the public and acceptance,
• statutory vesting, or
• any other legal basis creating a public right of way.

The mere fact that government funds were used is not sufficient evidence.

Conclusion

Therefore, a passage made on private property does not become a public passage merely because government money has been spent on its construction or maintenance. The legal status of the passage changes only through a valid legal process such as acquisition, dedication, statutory vesting, or creation of a legally recognized public right of way. Without such legal process, the land continues to remain private property, though specific easement or public access rights may exist depending on the facts and applicable law.

May , I Request all memebers of the legal fatyernity to give their views on this . as it a important question / point in Civil Litigation . I would be expecting more views/ answers on theabove