Legal Question in Civil Rights Law in India
in 1952 Mr A sold away his 60 decimals land by plotting to P,Q,R, and S measuring 22 decimals, 10.5 deci, 10 deci and 16 decimals respectively .
And the rest 1.5 decimals of the land he kept unsold for the purpose of a pathway connecting to the main road between the two newly created plots of P and Q.
Mr.A clearly mentioned his will about the said pathway in the two deeds of P and Q that the rest 1.5 decimals of land will be used as pathway for the local people.
people have been using the path for the last 50 years.
Somehow Mr Q managed to have a erroneous ROR of 12 decimals of land instead of 10.5 decimals of land.
Recently Mr Q encroached the path illegally and amalgamated the said 1.5 deci to his homestead land. we the local people are blocked and suffering very much.
On behalf of the local people can we get a separate land record (ROR) of the pathway from the BLLRO/DLLRO?
The manner by which Mr A gifted his 1.5 decimal land for the pathway is legally right?
who is the proper authority to rectify the erroneous ROR?
1 Answer from Attorneys
27.07.2013
Dear Sir / Madam,
A public interest litigation (PIL) for the 1.5 decimals of land in the interest of the common & free thoroughfare to the public to the two plots owned by P & Q is recommended. It is advisable that A too signs the PIL.
Yes, a separate land record for Reservation of Rights (ROR) of the pathway can be obtained from the BLLRO/DLLRO.
From your query, it appears that A has not gifted the land to neither P, Q, R nor S.
Regards,
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