Legal Question in Construction Law in India

Hi,

My question is abt rules, procedure for widening of roads. We had a decent 5m tarred road and 7.5m from wall of houses. Now when the road was planned for a re tarring, it was lifted up almost a one mtr. So we now face huge drainage problems, and we have demanded small drainage(small canals), which needs to built on both sides of road. It was decided only on one side of road, but due to peoples needs, Suddenly matter went to collector, MLA and he approved need of both the canals, provided there is 8m width from wall to wall.

Now the officials measured the 8m on an absurd basis, measuring 8 m from one side of wall, throughout the raod without even considering turnings , than measuring from centre of the road and we would have to break down our walls completely.

Also we dont have this survey stone on each cornor of land. It lies kinda of one stone for a land. So its kinda alternate stones for each side of road.

Infact our survey stone lies outside our wall. But when the 8m concept comes, as per the current measurement we have to suffer this loss. We are trying to adhere with existing width, but collector is firm abt 8 m. We would need an urgent remeasurement. So we need to give complaint agaist the panchayat, for which we need the ideal laws/rules of measurement or acquring this

The measurement as i believe should be equal distances from the centre of road, such that whereever the distance is less than 4 m from centre, land could be acquired.

I hope i have given a vague idea how it situation is.

Please advise me how to crack this situation. Also pls advice me on the rules regulations regarding this widening. In that case pls provide me sections of law if it has any scope to avoid losses.


Asked on 9/17/13, 12:33 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.09.2013

Dear Sir / Madam,

I am also not a Civil Engineer, but common sense tells me that the water canals should be constructed on both sides of the road, two feet away from your compound walls so that your wall remains intact and is not weakened, and the accumulated monsoon water can easily flow through the canals to prevent water logging. YES, the measurement should be equidistant from the centre of the road.

Regards,

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Answered on 9/17/13, 7:32 pm


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