Right of way converted into concrete slab ramp

Sadanand B. Panchal (Querist) 15 September 2012 This query is : Resolved
Respected Experts,
Easement concerned is right of way in common of the owner and occupant on same plot of land.Easement is a property within the meaning of T.P.Act.Now the owner removed the earth of the right of way by digging below to the rock and constructed underground drive way over which a Ramp constructed for right of way.The vacant space below Ramp becomes the property of the owner but the Ramp is not permanent easement,it can damage after long years.
Kindly inform me whether the user(occupier) of such easement has a right upon earth from which the right of way established? Whether users consent is necessary for the owner to remove earth from easement?
Regards,
Sadanand B. Panchal

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adv. rajeev ( rajoo ) (Expert) 15 September 2012
user has got easentary right by way of prescription.

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