Hello,

If you do not have any agreement and they do have an alternative way then the best possible way out will be to file a civil suit for permanent injunction.

Regards

Sir , if you have a legal title( ownership) over the property, you can file a suit for permanent injunction against society/ trust/ church to interfere with your possession over the land..

If they have an alternate way, there is no way they can stop you from raising constructions on your land.

Proceed with the construction and respond appropriately if they take a legal recourse.

1) church cannot claim easement right of necessity if there is alternative way available to church

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) in regard to an easement by prescription, the plaintiff is required to plead and prove that he was in peaceful, open and uninterrupted enjoyment of the right for a period of twenty years (ending within two years next before the institution of the suit). He should also plead and prove that the right claimed was enjoyed independent of any agreement with the owner of the property over which the right is claimed, as any user with the express permission of the owner will be a licence and not an easement.

Does not matter if you are the rightful owner of the land, you go ahead and file a suit and see then that hat reply is filed by the respondent,

1) apply for and obtain permission from municipal corporation to carry on construction on said land

2) if Church objects let them obtain court orders retraining you from doing so

3) ask Church to furnish copy of order that prohibits you from carrying on construction

You cannot be denied the user of your own land.

Report the matter to the Police if you are prevented from raising constructions on your own land. You could approach the Court at an appropriate stage later.

If it is a private property how can church use it as a passage..?? Whether it is a government road in the revenue record?? What is the order , kindly elaborate in detail..

I have a piece of land. I wan to construct a house. But the a catholic Church is claiming right of way in the name "heritage of the church" conducting car festival procession a long period about 150 years through the land. There is alternative way available for them but they refused to use it. I have no agreement with them.

What can i do?

Do you a registered sale deed for the property in your possession.

If so you will find the recitals in the deed about the pathway.

If this pathway was and have been in the usage by the Catholic church for so many years, then they may claim easement rights or rights to pathway.

The Church authorities may influence the issue painting communal issue to this problem which may cause hindrance to your legal steps.

You may consult an advocate in the local on further issues

But the church people not allowing us to do anything. They are saying that it is the heritage of the church that the said festival has been conducted including car procession festival for a long period of 150 years through the land. They are showing some other order and claiming that the order will control us. ???

Do you have registered sale deed in your name, if so, you may file a permanent injunction suit against the church for obstructing your construction seeking to restrain them from interfering in your possession and enjoyment of the property.

Let them come with their own defence which can be challenged as per law.