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Raj (Engineer)     23 April 2011

Giving road access to neighbour

My father has a property in India which he inherited as part of his mothers ancestral land.There is a temple behind the property which was also a part of my ancestral property but later on the temple is govenrned by a independant committee selected from local people and we have no connection with the administration of it anymore.Now the temple commitee is demanding a road to be built through our property to connecting acceess to main road.We are ready to give our land for this for free as long as its 2 meter wide and 20 meter long.The temple committe demanding the road must be  at least 10 meters wide and it has to be given free of cost.

They have been claiming this and sendin us letters askin to provide the land.We have ignored this for long time,but now they are planning to build a road forcefully.Are we able to stop this?Do we have a obligation to give the land more than 2 meter wide and 20 meter long?Please give me some advice here



Learning

 5 Replies

Isaac Gabriel (Advocate)     24 April 2011

Access has already been provided , and the committee cannot force you to part with anymore. If they negotiate to for giving the price, it is a different issue to be sorted out.

Raj (Engineer)     24 April 2011

Thank you for your reply Sir.

Presently there is a walk way abt 4 or 5 feet wide.We are ready to provide up to 6 feet wide way.But the committe want 10 meters wide road and also for free of cost.

adv. rajeev ( rajoo ) (practicing advocate)     24 April 2011

You said clearly to the committee that you are ready to give 6ft, if they didn't agree for that then file declaration and injunction suit  against the committee.  They may come for the compromise.

SACHIN AGARWAL (ADVOCATE)     24 April 2011

The Temple Committee cannot force you to provide 10 Meters wide road. You can file an Injunction Suit before the competant Court, if the Temple Committee wants to forcibly construct the road on your land.

prasanta kumar parida (Sr. Consultant)     24 April 2011

AS A P[RECAUTIONARY MAJOR YOU CAN MOVE COMPETENT CIVIL SEEKING RELIEF OF INJUNCTION RESTRAINING THE TRESSPASSERS.


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