Public pathway dispute in natham land

653 votes

In your situation, where your family has been using a pathway for more than 100 years through natham land (poramboke land) and the new private owner is trying to block it, you have legal remedies. 1) Easement by Prescription (Under Indian Easements Act, 1882 – Section 15); (i) If you or your ancestors have used a pathway openly, peacefully, and continuously for over 20 years, you acquire a legal easementary right. (ii) Since your use is over 100 years, this is a strong case for a prescriptive easement. 2) Natham land refers to poramboke land meant for village dwellings and access. The Revenue Department or Panchayat is responsible. Even if it is now in someone’s patta, existing easement rights cannot be extinguished without due legal process. You can write to the Tahsildar and Village Administrative Officer (VAO); and Mention the longstanding usage of the pathway. And Request them to survey and mark the pathway, ask for action to prevent unlawful obstruction. You can also Send a Legal Notice to the New Owner through a lawyer, send a legal notice asserting your easementary rights and asking them to stop interfering. Try include evidence like old maps, witness statements, or records showing historical usage. Subsequently you can file a Civil Suit for Easement Right. But, if the new owner still tries to block the way, you can file a Suit for Declaration of Easement Right and Permanent Injunction in the jurisdictional Civil Court. And you must prove 20+ years of continuous, open use without interruption. And gather witnesses and old revenue records, even photos, can help you. If necessary you can get a Temporary Injunction (as an Interim Relief) asking the court to stop the owner from blocking the pathway until final judgment.

Advocate Ragul Sivanand LawRato

891 votes

You have a right to continue using the pathway under the law of easements. Under Section 15 of the Indian Easements Act, 1882, if a person has been enjoying a right of way for over twenty years, it becomes an easement by prescription. You can file a civil suit in the appropriate court seeking a declaration of your right of easement and an injunction restraining the new landowner from obstructing or closing the pathway. You may also seek temporary injunction relief under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908 to prevent immediate obstruction while the suit is pending.

Advocate Arjun S LawRato

886 votes

If your family has been using the pathway for over 100 years, you may have acquired a prescriptive easement right under the Indian Easements Act, 1882. Continuous, open, and peaceful use of a pathway for over 20 years gives you a legal right to use it, even if it’s not mentioned in the patta. You can file a civil suit for easementary right and seek a permanent injunction against the new landowner to stop them from blocking the path. Collect old documents, witness statements, and any evidence showing long-term use. A court can legally declare your right to use the pathway and restrain the new owner from interfering. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.

Advocate Venkatakrishnan A M LawRato