Right of way
Prakash S. B.
(Querist) 16 January 2017
This query is : Resolved
Sir, I am the Secretary of a Co-operative Housing Society at Santacruz. A Builder & Developer, who is developing a plot of land situated next to our Society's plot of land, approached our Society to seek permission for right of way from a part of our Society's property / plot, and also offered to pay some compensation. However, the Society did not give them permission as the compensation amount was very low. Thereafter, the said Developer put up a fencing (metal sheets) at our Society's plot of land and also provided an entrance gate in the said fencing to enable trucks to enter their plot of land and start the construction work. Now the work has started with full force and trucks enter into our Society's plot / property from the said entrance gate provided in the said fencing put up at our Society's plot / property and thereafter pass through our Society's plot / property and finally enter into the Developers' plot which they are developing. Please suggest suitable legal action against the Builders & Developers to ensure that (1) the said fencing put up at our Society's property are removed forthwith, (2) that the trucks are prevented from illegally entering into our Society's property and (3) that the Builders & Developers are refrained from illegally using our Society's property in the manner as stated above.
vswaminathan
(Expert) 17 January 2017
OFFHAND
By scouting around and searching for in public domain, it may be realized that the problem faced with has something to do with the law on easements, in general; and is similar to that faced by so called 'gated communities', in particular. The reason presumably is that, care is not taken to ensure that, as warranted by the UDA,at the plan approval stage itself,a building complex -at the entry and / or exit points,- has access to a 'public road.Hence, a solution has to be found depending upon the facts, in a case to case basis.
Over to eminent Experts,in field practice and duly equipped, who certainly will be in a better position to enlighten and be of useful guidance.
Rajendra K Goyal
(Expert) 17 January 2017
Discuss with local lawyer and move to court for a stay against using society land in un- authorized way.
Rajendra K Goyal
(Expert) 17 January 2017
If once the way is used, right of way may be claimed afterwards forever.
