Legal Question in Criminal Law in India
Traditional access/pathway blocked by putting two truck loads of rubble stones
Plot purchased by purchaser through which traditional access/pathway is passing and it is in front of the house of the purchaser.The purchaser covered the plot thereby blocking traditional access/pathway by putting wirenet fencing.Residents lodged compaint at Police station(PI),Executive Magistrate(Mamlatdar)and District Magis(Collector).Order of Executive Magitrate was served to the party on 23/07/2008 at 10.30AM giving 24hrs time to remove the fencing and to open the traditional access.On 24/07/08 till 10.30AM the party didnot clear the blockage,so at11.30AM Municipal council in Police protection and in the presence of Joint Mamlatdar cleared the blockage and restored the traditnl. accss.The party approached SessionCourt for Stay.Stay was awarded to them, but the party could not produce the same before the authority on 24/07/08 till 12.30PM on site.The party again on 26/07/08 blocked the traditional access by putting 2truck loads of rubble stones(reported to DM).Session Judge kept the hearing of the matter(of the stay of 24/07/08)on28/07/08 at 10.00am,now postponed to 25/08/08.Now the blocking of Tradnal. Accs. on26/07/08 is fresh cause of action made by the party. Is the DM(Collector)empowered to restore the traditional access?
3 Answers from Attorneys
Re: Traditional access/pathway blocked by putting two truck loads of rubble stones
Yes.
The DM or Mamlatdar can also initiate appropriate action for disobedience of orders.
In addition to this, police can also register an offence.
Re: Traditional access/pathway blocked by putting two truck loads of rubble stones
Yes the Collector is empowered as far the facts are concerned.
You need to contact personally for more advice.
Re: Traditional access/pathway blocked by putting two truck loads of rubble stones
Contact personally a local advocate
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