Right of way dispute
drsubhash
(Querist) 18 July 2014
This query is : Resolved
I live in urbanised village in Kotla mubark pur New Delhi-110003. The right of way to our house is a disputed land for the last forty years and has been partly encroached by neighbours and the rest is also under threat of encroachment. there are two parties on both sides of our house. I have lodged complaints with all the possible departments, mcd, dda, sdm office, sho but the action is very little. The SDM has issued orders to MCD regarding preservation of right of way without applying any CrPC and MCD is not taking action. I have filed application under Crpc 145 against one of the neighbourer for last one year but the case is being not heard properly
T. Kalaiselvan, Advocate
(Expert) 19 July 2014
What is the lawyer telling about it who filed your application u/s 145 cr.p.c.? If your lawyer is not effective, change him and look for a better one with more enthusiasm.
Advocate Ravinder
(Expert) 19 July 2014
This is not a criminal case, hence the question of applying 145 Cr.p.c. will not arise. To attract this section, there should be breach of peace relating to water and land (i.e. it should be public in nature). Your case is private in nature.
This is purely civil case. You have already issued applications to municipal authorities, you can file Writ Petition against the Municipal authorities. Alternative you can also file a civil suit against your neighbour (encroacher)and Municipal authorities.
Suresh
(Expert) 22 July 2014
Easement Right are affected. Ask your Lawyer to look at Sec. 28 of The Indian Easement Act, in case he has not referred to..
Raj Kumar Makkad
(Expert) 23 July 2014
You are required to file a civil suit under the provision of section 28 of Indian Easement Act as rightly guided by expert Suresh and also obtain stay order against the encroachment..
