fixing gate on street
sandeep pilania
(Querist) 10 June 2014
This query is : Resolved
my 3 grandfather owned 3 plot in my village. there is a common street for our family plot. the street is made for our plots at the time of chakbandi. and land aquired by street is cutted from our family land share. i want to say that our land deducted for street.
now a neighbour whose plot is attached by street one side. he want to fix gate on our street side by saying that it is samlaat rasta ( common man street). can we stop him legally to fix gate on our street side. his plot alredy on road attached. he is showing his cruelity towards us.
please suggest me very well.
Raj Kumar Makkad
(Expert) 10 June 2014
The street is solely owned by your family as a private street and the same can never be designated as shamlat deh hence you can obtain injunction order from the civil court against such person.
Rajendra K Goyal
(Expert) 11 June 2014
If it is not shown as shamlat deh, take court injunction,
ajay sethi
(Expert) 11 June 2014
agree with Mr makkad
R.K Nanda
(Expert) 11 June 2014
agree with experts.
Dr J C Vashista
(Expert) 12 June 2014
I endorse the advise of Sh. Raj Kumar Makkad.
However, please check the revenue records for the rasta, whether the land has been deducted specifically for rasta exclusivly for your use/benefit and not common. If the land has been deducted seek permanent injunction against the neighbour as advised by Makkar ji, otherwise, it would fall under the catagory of "aam rasta" for common use, then sort out the matter amicably.
V R SHROFF
(Expert) 12 June 2014
Any easement? previous continuous use by others, w/o ur permission.? if yes, they can continue it's use
Raj Kumar Makkad
(Expert) 12 June 2014
The querist is clear. His neighbour at this moment wants to use the private rasta of his family so the question of easementary rights do not arise and the revenue record in Haryana never do contain the private rasta.
Sudhir Kumar, Advocate
(Expert) 12 June 2014
site inspection will be needed for effective reply contact local lawyer.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
An injunction suit restraining the third party using the private road is the only alternative solution, you may first issue a lawyer's notice to him, if he is not responding then you may go for an injunction suit against him.
