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AJain_India (Law Student)     26 April 2010

Access to Land

I bought 5 acres agricultural land in Punjab. The road passes through fields and is 20 ft wide. 

When we purchased the land, the seller had Power of Attroney for the road and in the registry he clearly mentioned that the details of the road and said we will have uninterrupted access through that road and the road will remain common for all and will not be sold. 

Later, he sold the road (approx 1 bigha)  to some other person, but got the registry done through the original title holder in the name of the buyer. Thus his name is not anywhere in the sale of the road.

Now we were starting work on the land for setting up a factory and he played mischief and dug the road and blocked our access. He now wants us to buy 3 more acres of land which lies behind our land, which is basically blackmail and we are not interested in buying. 

What is the fastest way out as we need to begin work on the land

1.  can we get a stay for use of the road ?

2.  can he be charged for criminal proceedings ?

3. Does right of way apply to our case and how much time does it take to get any favorable decision in that    case ?

4. is there any other way ? 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 April 2010

You have got easementary right to pass thru., that road.  You have to file a suit for declaration and injunction against the land owner, you hve to prove that there was a way.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 April 2010

Obtain stay order from civil court and also get set aside his subsequent sale. Do not come to his terms rather bring him under section 420 IPC wherein he played an open fraud with you.


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