Civil Procedure Code (CPC)

Right for Road


Hello All, There are couple of residence house near by a railway track, and the community people are using the side of the railway track as there main road. The railway authorities are warning that they will close this road as that land belongs to railway.

the people living their don't have any other road which connects to the amin road . what should they do ?
 
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Advocate

File a petition to local elected person,MLA and other authorities and also to railway authorities. With all society members signatures and details 


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i don't have much knowledge about this, can you please tell who can help to get this petition filed?
 
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Advocate

Seeking local advocate in your place 


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Lawyer

Of course the land belongs to Railways which has mandatory requirement before laying railway lines but it can not be allowed to be used as "Public Road".

The residents of the area has to find some alternate road /passage for their use.

 

 
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Retired Manager

Normally when a property is being purchased, the buyer shall certainly verify the approach roads and other minimum amenities that are available to the property to be acquired. If at the time of buying these points are not verified, at a later date, Railway authorities cannot be blamed.Railway authorities shall be perfectly within their right if they close the access through the train tracks, which is ultimately for the safety of the public. Therefore, the owners of the houses should try to find an alternative path for using as an approach to the nearest road. 

 
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Retired employee.

The residents of the two houses are not having any rights to use the Railway property as Road.  Generally, civil constructions are not permitted by sanctioning authorities without clearance from Railways.  When you do not have such rights to claim and if the houses may be illegal/not approved constructions (as per Railway Act) explore alternates rather than fighting with a giant through courts.  Think practically.

 
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Advocate

The houses constructed by some people along side of the railway track may be an encroachment of government land and the occupants may be termed as illegal squatters,.

The residents who are living nearby the railway track cannot claim easement rights to use the road which is adjoining the railway track and which is a railway property.

Even the courts will not entertain any suit to grant the relief of road or pathway to the people using the road belonging to the railways.

They may have to look for an alternative solution only because they cannot claim a right over it legally.

 

 
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