• Road Access to my residential converted plot through a Agricultural/revenue land

Dears,
Location: Rajasthan

Kindly suggest if section 251 A of Rajasthan tenancy act 1955 can be leveraged for getting a new way by applying with SDO. This question is because my land is not a revenue/agriculture/khatedari land. My land is a residential/converted plot. But, a new way to my residential plot can only come through side area of a agriculture land. There is absolutely no alternative way to reach to my plot.

Please take note that in the UIT planning map, a road is displayed via the agriculture land to my plot but the issue is that the agriculture land khatedar has not surrendered/converted his land yet.

At the physical location, there is an existing road (built unofficially by UIT) but the khatedar has blocked it with a gate saying that since it goes thru my land, I cannot let you pass thru from this road. I am wanting to use the same road as it is already existing.

Shall I go with filing an application with SDO under section 251A seeking new way formally (unofficial pucca road is existing but khatedar has put a gate locked on it)? I am ready to pay for the compensation via SDO court as per the law. Khatedar is not ready for any outside the court settlement.

Or, shall I go with a civil court suit seeking mandatory injunction to allow access thru the road and remove the block?
Asked 1 year ago in Civil Law

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10 Answers

you can claim easmentary right of necessity only is there is no other access to your land

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) you can under section 35 of easement act obtain permanent injunction restraining your neighbour from obstructing your right of passage

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

Yes you can for the a suit and injunction as stated above 

Prashant Nayak
Advocate, Mumbai
32836 Answers
209 Consultations

File a suit for permanent injunction but you will have to prove that there is no other way in  to your land 

Gaurav Ahuja
Advocate, Faridabad
75 Answers

Since the road is displayed in the UIT panning map, any kind of hindrance amounts to encroachment. Better complain to  UIT department first than approach court.

Court will be civil court.

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

Dear Client,

Yes, you can leverage Section 251A of the Rajasthan Tenancy Act, 1955 to get a new way by applying with the SDO. This section of the Act allows a person to obtain a right of way over the land of another person if there is no other way to access their land.

In your case, you have no other way to access your residential plot except through the agricultural land. The khatedar has blocked the existing road, but you are willing to pay compensation for the use of the road.

You can file an application with the SDO under Section 251A, stating that you need a right of way over the khatedar's land. You should also attach a copy of the UIT planning map, which shows the road that is supposed to go through the khatedar's land.

The SDO will then hold a hearing and decide whether to grant you a right of way. If the SDO grants you a right of way, the khatedar will be required to remove the block on the road and allow you to use it.

If the SDO does not grant you a right of way, you can file a civil court suit seeking a mandatory injunction to allow you to access the road. In a civil court suit, you will have to prove that you have a right to use the road and that the khatedar is interfering with your right.

  • The SDO may require you to pay a fee for the application.
  • The SDO may also require you to provide evidence that you have tried to negotiate with the khatedar to resolve the issue.

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

Section 251 A would not be applicable in your case as your land is residential plot and not khata daru land 

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

You can take remedy of easement law amongst above 

Prashant Nayak
Advocate, Mumbai
32836 Answers
209 Consultations

Section 251 provides that if any holder of land, in actual enjoyment of a right of way, is disturbed in such enjoyment of way without his consent, the Tehsildar may, on the application of the holder of land so disturbed make a summary enquiry and order the disturbance to be removed and the applicant-holder to be restored for such enjoyment.

Now the question is that how and what was the condition when your land was converted to residential from agricultural.

The permission for conversion to residential will not be granted if there is no pathway for road access from your plot. 

If the UIT planning map shows the road through  the adjoining agricultural land then that is the one which is available for your use as road.

You can claim easement rights over that road as mentioned in the UIT plan.

If your access to road is denied by that owner, then you can file a suit for mandatory injunction against him to remove the blockade or obstruction and restrains him from blocking your way and also for easement rights for your ingress and egress purpose. 

You have to first issue a legal notice to the adjacent owner in this regard and then file a suit as suggested against him if he is not cooperating.

 

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

However, there is no provision in the Rajasthan Tenancy Act, 1955 empowering the State Government to create a right of way through or across the land of any tenant or to enlarge or widen an existing way. Consequently, a large number of khatedars are facing problems of access to their land. The problem has grown manifold in the recent years on account of the fact that large numbers of holdings have been divided by way of partition of division between the co-tenants.

"251-A. Laying of underground pipeline or opening a new way through another Khatedar's holding or enlarging the existing way

(b) a tenant or a group of tenants intend to have a new way, or enlargement or widening of an existing way, through the holding of another khatedar to have access to his holding or, as the case may be, their holdings-

and the matter is not settled by mutual agreement, the tenant or the tenants, as the case may, may apply for such facility to the Sub- Divisional Officer concerned, and the Sub-Divisional Officer, if he is satisfied after a summary inquiry, that-

(i) the necessity is absolute necessity and it is not for mere convenient enjoyment of holding; and 

(ii) particularly in case of a new way through another khatedar's holding, that absence of alternative means of access is proved- may, by order.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

Whether it is rural land or urban, for road dispute, civil court has jurisdiction.

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

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