Legal Question in Real Estate Law in India
Sir, we along with six members owned a open land (Plot) of an average size 3500 sq ft each in one of the big city. In recent years, a local builder took 2/3 rd of the land surrounding the peri-pheri of our plots and constructed apartments there. Rest 1/3 rd of our land peripheral is owned by another party.
Now, Our problem is that we are surrounded by construction form all the side and we have no road linked to go to our plots.
The buider society has road which we can use but he is not allowing us to use it. The another nearby our locality owning rest 1/3 rd of periphery land has road, but it is private build by them on their land and not allowin us to use it.
The builder had initially offered to give us row houses of 1000 sq ft in exchange of our plots nearby. We all members had also agreed, but taking our undue advantage of no road, he changed the agreement and told us that he will give only 600 sq ft of row house in exchange of our plot. So none of us agreed.
Sir, will you kindly give us a solution, so that our plots get a road.
4 Answers from Attorneys
you may file a case under easements act and get the road to approach your plot. you need to submit the site plan in the court.
Is the layout approved? If yes, then there is possibly violation in construction by builder. Whether approved or not, You can file a suit against the society ( builder) for easement rights.
Whether approach road was there initially and then encroached upon?
In any case, if land is within municipal corporation limits, remedy is available U/s.205 BPMC Act.
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