issue with land used as a common road

[Shubham Sambhav]

we are having a bed college which is running since 8 yrs and the main path which connects the college to main road is blocked by some local goondas and that piece of land has not been mentioned in the deed and suddenly they blocked the road. we have filed the case in SDO court biharsharif and the CO has given the report in our favour. Sir kindly tell me that what should be done to prove them wrong.

[Dr. Ashok Dhamija]

<p style=”text-align: justify;”>Please see the provisions of the Easements Act, 1882. You may have a right of easement to enjoy your property, depending on the facts of the case.</p>
<p style=”text-align: justify;”>Also examine the sale deed and other relevant documents, like the revenue / municipal map of the place to see as to whether there is a road or way connecting to your plot. If needed and if possible, you may try to execute a rectification deed.</p>
<p style=”text-align: justify;”>You have mentioned that the report is already in your favour in the SDO court. So pursue that.</p>
<p style=”text-align: justify;”>Better consult some local lawyer and show him all the relevant documents to get a full and correct advice on facts of your case.</p>     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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