Abusing that road belongs to them

847 votes

Based on the facts stated by you, there is no general rule of law that merely because a person owns the lands on both sides of a road, the road automatically becomes his exclusive property. The nature and ownership of the road must be determined from the title documents, survey records, layout plans, and revenue records. If the road is a public road, a layout road, or a common access road meant for use by multiple property owners, the adjoining landowner cannot legally prevent others from using it. Similarly, if the road provides the only or recognized access to your property, you may have a legal right of way over the same. From your description, if the persons concerned are repeatedly obstructing your movement, opening gates to block passage, threatening complaints, creating quarrels, or using abusive language, particularly against women, such conduct is not legally justified and may give rise to both civil and criminal remedies. You may consider lodging a complaint with the local police if there is intimidation, harassment, or breach of peace. Further, if your right of access is being unlawfully obstructed, appropriate proceedings can be initiated before the competent civil court seeking protection of your right of way and an injunction against interference. A conclusive opinion would require examination of the road records, survey documents, layout plan, and title documents relating to the properties involved. However, on the facts disclosed, ownership of land on both sides of a road does not, by itself, confer a right to stop others from using a lawful access road.

Advocate Sadanand G Kumbar LawRato