I have some land adjacent to government village road. opposite to the road ,my neighbor has some land(I.e road is lying between my land and neighbor land)
he has two sons . He had divided the land into two and gave to his both sons equally (each share has equal road facing side) with written condition in document that "no tall growing trees like coconut or mango or teak should be placed or grown 10 feet from the road."
But now one of his son has planted some coconut tree adjacent to the road and its leaves are falling over the road.
I spoketo him but he is not listening.
Can I take matter to the civil court ?
Do I have that option?
Or is the agreement binding only between the brothers?
In response to your query,
Encroaching on a public road is not a basic or legal right. The unauthorised construction obstructs and disrupts the free flow of traffic and citizens' freedom of movement. Every citizen has a basic right to freedom of movement. You write a registered letter to the District Collector, telling him of the situation and requesting that he take the appropriate steps. If this fails, file a writ petition in the High Court, naming the collector as a party. You can also inform them about the contract between the brothers.
Regards,
Aryan Raj
