Dispute over part of plot being used as a public route
khemekh
(Querist) 08 November 2012
This query is : Resolved
Recently we started the boundary construction of our plot, located back in our village and which my father bought around 10 years ago. Until now, as it came to our notice, some villagers were using our land to get across to the other side for all these years.
Now, these very villagers are demanding a route, from within our plot, for them to be alloted exclusively to use as pass to the other side. They even filed a complaint with the local tehsildar to allotting them the route, and falsely accusing us of driving them away.
I confirmed the route in question with the land officer there. And even he confirmed it to be a part of our plot, as per the authorised mappings in his register.
Would be helpful, if someone can put some light on how to handle this situation.
basavaraj shiromani
(Expert) 09 November 2012
Personal property cannot be used as a public. public cannot ask your property for access. but if there is no any alternative, the public can ask for the same but not filing a complaint but through court for an easementery rights. However it depends upon the facts and circumstances of the case. You are at liberty to fix the boundaries without accepting the previous access of the public
khemekh
(Querist) 15 November 2012
Thanks a lot for the reply Mr. Shiromani.
As directed, we did try to go ahead with the boundary construction, but to our surprises, the situation has grown out of proportion for us.
In the past week itself, there have been instances of stay order put on the boundary work from the tehsil officer and also couple of intervenes by the local police authorities, as a result of suit filed against us.
However, I also re-verified the questionable path with some of the 'trusting' old folks housing around there this time and even they abided by the fact that the said public access was actually from the neighbouring plot of ours initially, which was denied access to by its owner few years back, resulting the 'demanding' locals passing through our land thereafter.
Should I be hiring a local advocate to take my case? or is there some another 'fix' that I can go for?
Thanks in advance.
khemekh
(Querist) 15 November 2012
Thanks a lot for the reply Mr. Shiromani.
As directed, we did try to go ahead with the boundary construction, but to our surprises, the situation has grown out of proportion for us.
In the past week itself, there have been instances of stay order put on the boundary work from the tehsil officer and also couple of intervenes by the local police authorities, as a result of suit filed against us.
However, I also re-verified the questionable path with some of the 'trusting' old folks housing around there this time and even they abided by the fact that the said public access was actually from the neighbouring plot of ours initially, which was denied access to by its owner few years back, resulting the 'demanding' locals passing through our land thereafter.
Should I be hiring a local advocate to take my case? or is there some another 'fix' that I can go for?
Thanks in advance.
