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How to initiate proceedings so as to gain right to passage


24-May-2023 (In Property Law)
Dear Sir My Name is Khasim; we have agriculture land of 16 acre We don't have path to access to our land, every year we are requesting our neighbor landowners allow access in the time of monsoon to cultivate land, since my Mother and father illiterate they are not done any objection, this is happening since 30 years, since from couple year they completely block the access and we stopped doing farming, and recently my father is passed away I went taluk office to enquire details about the record relating to my land, in the revenue map there is no sing of road to my land, I am bit confused how to get permanent road to my land, is there any law where every agricultural land should have access path I am working in some other city to help financially to my family and my brother is also dependent on me since he lost his leg in accident couple years ago, if I get path to my land I thought of going back to my native and do the agriculture, this is my humble request please help me
Answers (3)

Answer #1
771 votes
There should be easement right to claim the path. As you have stated no path way has been described in the revenue map means how you and you neighboring land owners have cultivated land this much years. If that is the one and only access path to your land means join with other land owners and give one representation to the concerned authority by explaining the inconvenience with witness. If you are staying in the village take the issue first to Grama Panchayathyh, you may get some remedy or otherwise you are open to approach the court of law.

Answer #2
825 votes
Khasim, when a phodi is done for any land on a survey, a right of way should exist along with it. Even if the survey map does not show a path to your land, no survey is complete without a right to enter it. So, you can make an application to tahsildar to order the other people to leave you a road. The application will be converted into a dispute and there will be an order. You can also take the help of a lawyer.
Answer #3
608 votes
Yes, you can file a injunction suit against the neighbor seeking an injunction from the court to direct him to allow a passage to your land. It is called your easementary right and you can certainly avail in in the court of law. Infact, you can get the interim order within as early as 3 days.

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