Right to concrete/ bitumen the mud road.
My father has purchased a plot from Mr X during 1980. This plot was a part of a large patch of land having houses owned by X & his relatives interconnected by private roads. As per the property documents, we have right to use the road passing in front of this plot for transportation, water pipe lines and electrical lines. Later Mr X has sold another two plots to Mr Y and Z accessible from the same road. They were also given right to use the road is their documents. Later I bought another plot with the same road access and terms & conditions in the document.
Mr X does not surrender the road to the govt. Nor he allows the road to be tarred/ bitumened or concreted in spite of our effort. Kindly clarify on the following:-
(a) Is consent from Mr X who still pay land tax for the road mandatory for getting the road tarred.
(b) Should the road be mandatorily surrendered by Mr X or can the road be tarred against his disapproval by the govt based on our request. If so, what is the rule and procedure.
(C) Can the housing society including Y,Z me and about 6 families (who does not have right to use said road and have a separate road but can avail the facility of a circular road using this road) contribute money & tar the road.
Kindly forward your free legal advice