On the backside of our house NA plots have been sold by the land owner in 2011. The roads and drain water ways have also been created by the land owner in 2011. The plotting area of that land owner ends at our compound wall. One of the roads in that plotting is originating from main government road and the other end of the road is touching our Compound wall on backside of our house. In the NA plotting permission issued by the SDO in 2010, it was mentioned that all the roads, drain water ways & open spaces in the plotting should be handed over to government within 1 year from the date of issue of plotting permission. Till date the roads, drain water ways, open spaces in that plotting have not been handed over by land owner to government..inspite of that Gram Panchayat has built R.C.C. drain water ways through that plotting in 2016 and also looking after maintenance activities like grass cutting etc. of that road. They are also collecting yearly tax from residents of that plotting. 1) The gram panchayat as well as some of the residents of that plotting are not allowing us to use that road (backside); Gram Panchayat is saying that road is not yet handed over so it should not be used by us. If that road is not yet handed over, then how can Gram Panchayat build RCC Drain water ways? How can Panchayt do Road maintenance? 2) Residents of that plotting are saying that our plotting survey number is different. Also, they are saying that we should only use the road passing through our plotting (Our house has front side road also). Is this comment valid? If that backside road is bound to be handed over to government, how can the residents restrict us? 3) Since last 7 years, the road has not been handed over to Gram Panchayat and Panchayat is also not making any efforts for handing over. What action should be taken? Against whom for faster handing over of Road? Whom should we approach for any action? Is there any no time limit for handing over of roads by land owners? 4) Now the residents of that plotting have built the masonry wall in front of our gate (backside) so as to stop our access permanently. Is this valid? Can they build a wall on road? Do they have any right of blocking our road? What should we do? Grampanchayat is not taking any action even after intimation. Respected advocates are requested to guide in this matter please.. Your valuable inputs are required please! Thank you
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1) panchayat should not do road maintenance if road is not handed over
2) once road is handed over to government you cannot be restrained from using back road
3) file writ in HC to direct panchayat to take over the roads maintained by them
4) no wall can be built on road
In this condition you have right to proceed the high court under article 226 of the Constitution of India. You should file a writ of mandamus before the High Court for directing the concerned authority of Panchayat/collector of the district to demolish the said masonry wall and open the public Road for all. If you have given a notice to the collector or the panchayat officer then you may proceed directly to the high court under article 226 of the Constitution of India, if notice has not been sent then you should first send a notice to the concerned authority of Panchayat/Panchayat officer/collector for open the public Road for all and demolition of the masonry wall. If no action has been taken by the concerned authority within 60 days from the date of notice then you should file a writ of mandamus.
1. You can make a representation seeking permission to use the road and raise this question too if your permission is denied.
2. The backside road though to be handed over to the government, it is for the usage of the residents belonging to that plotted layout. You cannot lay your rights over it which do not belong to you neither you have any easement rights in it.
If you have an access road of your own, your claim on that road is illegal and invalid.
3. That road do not belong to your layout, it is the problem of the residents of that layout, you cannot interfere in that, if you are still interested about it, you can approach the land revenue department about it.
4. The road created in that layout is for the benefit and use of the residents of that layout alone. It will not become public road to be used commonly by anyone or everyone even though it has to be handed over to the government.
If that is the only access for you to approach road, you can claim easement rights, but since you have another road for ingress and egress, your claim is not legally valid and justified, you have to be contended with your own access..
No they can not built a wall on the road.
Your easementary rights can not be taken away.
File a suit for injunction and get the relief that the said wall be removed.
Press for an interim relief that the wall be removed.
Contact a local lawyer.
Regards
