right of way
melroy lobo
(Querist) 21 October 2015
This query is : Resolved
Dear sirs. We are 5 property owners who had purchased 5 properties one behind the other and had left a 20 feet road access to our respective properties and we have records to prove that the road is only a private road .. recently the families from our neighbouring lane have requested the city corporation to demolish a wall from our lane which connects to their lane and allow them access through our lane. They have used some money power as well. As such the corporation guys in my absence have carried out an inspection without giving me any notice written or verbal and haven't even asked for our documents . They have directly sent us a notice stating that we have blocked the road and we need to demolish the wall . Even the town map and our property sketch and documents states that it is a private road. The corporation has put tar and drainage facility in our road a couple of years ago but we have never given in writing nor gifted them the land. (Daana patra) does this imply that our private road has automatically become public.what are our chances in this battle ? Can they just come and demolish the wall with one notice ? What are our options now .
Any help will be appreciated . Thanks
DR.VEDULA GOPINATH
(Expert) 22 October 2015
It is public interest matter. The Corporation is supposed to take care of public facilities commutation, health and drainage.
Thus in the public interest, Corporation is having right to give notice and take remedial measures.
Owner of land (pertaining to private road) is having right to claim compensation of market value from the Municipality.
If the property to belongs to single family, the legal position would be different.
Municipality and civic facilities are meant for public at large and not meant for selected few persons or few familities.
DR VEDULA GOPINATH advocate/arbitrator
P. Venu
(Expert) 22 October 2015
May be public purpose, but no one can be divested of their property rights otherwise than through the due process of law.
DR.VEDULA GOPINATH
(Expert) 22 October 2015
dear learned colleague Mr.vasu
Greetings
This is not a matter we should dwell on fundamental rights and fundamental rights abrogation which late Nani Palkiwala argued in supreme court.
Since corporation has already done drainage etc in the same road, why not the road be utilised by others as well. The opposite parties are not asking anything of the living place of the 5 owners.I am happy to hear your opposition on my opinion.
There have been strong precedents of Apex Court to prove my opinion.
Private property rights are subject to utilization of strict public purpose. Even if these 5 owners go to higher courts, they will not win in view of the settled law and precedents.
Just for your information.
yours in legal fraternity
dr vedula gopinath advocate/arbitrator
Rajendra K Goyal
(Expert) 22 October 2015
If the Municipal authorities have done development work, it can be used by others also.
P. Venu
(Expert) 22 October 2015
Dear Shri Gopinath.
Firstly, I am Venu, not Vasu.
I shall be grateful if I am informed of the Rule or the Principle inherent in your suggestion.
Anupam Lahiri
(Expert) 23 October 2015
Dear Gopinath Sir,
It is a very interesting debate. It would be very much helpful, it certain citations of the Supreme Court judgments be provided.
DR.VEDULA GOPINATH
(Expert) 23 October 2015
Date of Judgment: 13-Nov-2006
Case Type: Appeal (civil)
Case Number: Appeal (civil) 6756 of 2003
Case Year: 2003
dear learned colelagues Mr.Anupam Lahiri and Mr.P.venue
greetings. Instantly I laid my hands on few SC judgements given below where public purpose has been nicely analysed by SC
-----------------------------------------
Judge Name: ASHOK BHAN (J)
DALVEER BHANDARI (J)
Petitioner Name: DAULAT SINGH SURANA AND OTHERS
Respondent Name: FIRST LAND ACQUISITION COLLECTOR AND OTHERS
-----------------------------
Date of Judgment: 5-Sep-2008
Case Type: Appeal (civil)
Case Number: Appeal (civil) 5509 of 2008
Case Year: 2008
Judge Name: C.K. THAKKER (J)
D.K. JAIN (J)
----------------------------------
Petitioner Name: SOORARAM PRATAP REDDY AND OTHERS
Respondent Name: DISTT. COLLECTOR, RANGA REDDY DIST. AND OTHERS
Reportable:
Respondent Name:
-------------------------------------
I can be reached at vgnath@gmail as we could avoid using time and resource of this forum.
yours in legal fraternity
dr vedula gopinath advocate/arbitrator.
subject to time availability I can give other judgments relevant to the present query.
Anirudh
(Expert) 23 October 2015
No Municipal Corporation will come and lay a Metal road (tar road) on a private premises.
It is not clear whether the residents who own the stretch of land had requested the Municipal Corporation to lay the metal road and if so with what terms and conditions.
Without knowing this, it will not be possible to give any off the cuff views to the query posed.
The decisions by the Hon'ble Supreme Court cited by Dr.Vedula Gopinath stand on a different footing - there the land in question had been acquired for public purpose. In the instant case, it is not clear whether any such acquisition for public purpose took place.
K.S.Srinivas
(Expert) 23 October 2015
In the larger public interest, the Government has the authority to connect the two lanes by demolishing the wall.
melroy lobo
(Querist) 23 October 2015
No written or verbal consent was given. The local corporator to woo his voters has done all this. The road is question isn't even there in the town map. It shows out properties as a compact block. We had cut thru our properties and let a 20 foot road for our convinience
2. The complainants have a 12 feet road at their disposal but all their property values will increase if they get a cess thru our 20 foot road
3. I would also like to humbly place a query. How can someone just take over a road as public just cos tar and drainage has been laid ? We have never asked for it and in fact stopped them but on the assurance of the corporator (now deceased) that it won't affect the private rights we allowed them to go ahead.
melroy lobo
(Querist) 23 October 2015
Can serving a caveat help my cause as I am worried if the municipal corporation has the right to just come n demolish the wall without giving us a chance to fight and go to court and get a stay order ..
Can the munipal corporation just break the wall without a court order. They served me a notice to which I have replied with all the documents to prove that the property belongs to us and the papers to prove it.. (all 5 property owners documents and sale deeds)
Anirudh
(Expert) 23 October 2015
You are putting wrong query at a wrong time.
Please tell me, if you had not cut through your project, will you allow the Municipal Corporation to lay drainage under your property? or would you have allowed the Municipal Corporation to lay metal road within your compound?
You failed to act at the appropriate time. You had acquiesced your right.
Therefore, it is an herculean task that you have in your hands now.
Dr J C Vashista
(Expert) 24 October 2015
Whether the property is your private where Municipal Corporation want to demolish the wall for construction of a new passage, without your consent and proper compensation? If so, seek an injuction against the action of MC.
melroy lobo
(Querist) 24 October 2015
How many notices does the corporation have to give before/if they r going to demolish the wall.
Will we be served a final 24 hour or 7 day notice before they break the wall ?
Can they ask the complainants to break the wall themselves ?
melroy lobo
(Querist) 24 October 2015
Thanks to all the above learned men for the information provided. Appreciate the time spent
