Immoski 10 August 2022

Private road to public road without owner give up relinquishment

In our housing layout has a private road access only.
Everyone's is having access to the road but the ownership of the road is with the sellar.

Owner refused to hand the road to panchayat for the purpose of proper road building and maintenance.

Rest of the families who has access to the property are willing.

The oldest house is 6 year old in the layout. Is there any legal way to get this done ?

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 10 August 2022

Even if he refused to hand it over to the panchayat then how can you ask?

Immoski 10 August 2022

I'm the one asked him if he's willing to give the road to panchayat so that the road will be in a better shape. currently it's a dangerous mud path with potholes

Dr J C Vashista (Advocate) 11 August 2022

Being a private property (land) law can not help.

It is discretion of owner / titleholder, who may be requested/ persuaded to hand over it for general welfare.

Immoski 11 August 2022

https://m.timesofindia.com/city/kochi/road-through-private-land-split-into-plots-is-public-kochi-hc/articleshow/47276317.cms#:~:text=Referring%20to%20section%202%20of,road%2C%20but%20not%20the%20very

Dr J C Vashista (Advocate) 11 August 2022

What do you want to communicate through this site referred hereinabove ???

Immoski 11 August 2022

A road or pathway constructed dividing a large tract of private land into plots becomes a public road if it connects more than plot, the high court has held.

P. Venu (Advocate) 15 August 2022

The decision of the Kerala High Court was in the context of the law in force in the State of Kerala. Please examine similar law is in force in the State where the property is situated. If so, the affected residents may request the local body to take over the road.