Right of way for a car !
WHATSAPP 91-8075113965
(Querist) 22 April 2012
This query is : Resolved
sirs,
i have an interesting question to put before you. please go through the question carefully and give me an apt reply.
I am staying in the heart of calicut corporation city, just 5 meters away from the railway track. i have a narrow pathway to my house from the road adjacent to the said railway track.pathway is our property. my pathway is so narrow that a car can hardly enter through the said pathway. now , i am planning to buy a car also !
now, a person has bought the adjacent land and it is reliably learned that he is all set to build a big shopping complex in the said land.
now, i am very much in need of a small portion of land , just to widen the pathway , so that , a car can easily enter through our pathway.
i have several options for this.my present idea is that we are ready to give the whole pathway to him, and in exchange , we will ask for a a little more wider pathway through the other side of our property , so that a car can easily enter through the new road.in this exchange we are giving more land , and asks only a smaller land for road.
here, i could not meet the concerned man till now , as he is abroad.
my question is that if he refuses such an exchange , have i got any other option by approaching a civil court ?
my mother is so old and sick that a motor car has become a necessity now-a-days !
(1) whether i can enforce this right of way " for a car ", through any civil courts ?
(2) whether a person can build a big shopping complex in a residential area ?
(3)whether i can object his attempt of building a shopping complex, stating that it obstructs the free access of light and air to the near by my residence ?
(4) is there any rule that a construction of shopping complex should be ....... km away from the railway property.....?
(5) where any such provision is discussed
in RAILWAY ACT or CORPORATION ACT ?
(6)whether i can claim the right of way "FOR MOTOR VEHICLES ", as a matter of right ,by filing a WRIT in high court ?
(7) or if he refuses to give a broader way, i have no other option , but just to go through my old narrow pathway and forget about buying a new car ?
Raj Kumar Makkad
(Expert) 23 April 2012
1. No.
2. No but he can do so as per permission granted to him by Municipality.
3. No.
4. No.
5. Corporation Act.
6. No.
7. You have no option in that situation.
Shonee Kapoor
(Expert) 23 April 2012
:-)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 23 April 2012
Exchange and the negotiation isthe only way
otherwise your serial wise questions are already answered in my words too.
