Forcefully capturing of vacant land
01-Jun-2023 (In Civil Law)
We built our house at the back and kept the front vacant. Before constructing our house it was a vacant land without any boundary and gate and people used to use it as a path to move from one end to other as a shortcut. There are other alternate roads (govt road) for everyone/every house. Now after completion of our house when we were constructing boundary and gate, our neighbor along with other villagers forcefully tried to stop the work and claiming it as road and saying we will have to spare a part of the land for making it as road. They are taking support of local politics and local leaders are favoring them. Someone told me that if there is any other alternate road, we are not bound to spare our land to make it a road. However local politics forcing us that since villagers want that to be a road we need to spare the land. Can you please help what can be done in this situation? Thanks & Regards.
Since you are saying that there is an alternative road, the plea of easementary right should not be taken against you. It is always your exclusive right to construct at your own land and nobody can stop. The most convenient way that can be availed is first filing an application u/s 144 CrPC and if you don't get the support of police even after that, directly approach the Hon'ble High Court by filing a writ; Hogh Court can direct the police to ensure the smooth carrying out your construction work without any third parties obstruction. Many of my clients got relief this way from Calcutta High Court. All the best and regards.
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