24/05/2023
Often road problems are seen more in the agricultural lands in the village because the neighbors on the agricultural lands keep passing through each other's fields. Sometimes, in case the route is not marked on the map, some side blocks the way. Which makes it difficult for the other side to enter their fields. Section 131 of the Madhya Pradesh Land Revenue Code clarifies the arrangement regarding rights of way of land owners. According to this, no person can block anyone's path. It has been seen that after the sale or purchase of land, disputes over roads increase. Like there are two brothers and they take water from the same well to irrigate their fields, later one brother refuses to allow the other to enter his field and the other brother is deprived of the water from the well. In such a situation, the aggrieved brother can demand a way in the Tehsil Court to take water from the well and take it to his farm on the basis of right of traditional way under Section 131 of the Madhya Pradesh Land Revenue Code.
Under an easement, if a person has a right of way, such right is only a right of way, that person shall not be able to claim ownership of such way in any way, nor shall any Will be able to construct concrete, yes can only improve the road with the permission of the owner of the land of the road. If an easement causes damage to the surrounding fields while passing through the way, in such a case he can be deprived of the right of way.
If someone closes the road, then what is the solution in the law- Here in the Madhya Pradesh Land Revenue Code, adequate provisions have been given regarding agricultural lands. If a person blocks the path of another person and he is deprived of going to his farm and doing farming, then in such a situation the aggrieved person can submit an application to the Tehsildar concerned with the help of a skilled legal expert. On which Tehsildar first of all informs the guilty person and other surrounding fenced neighbors by notice and gets the Panchnama of that land / road made, takes the statements of the neighbors, takes statements of other people, related to that land. After looking at the old records, if it is found that the road has been blocked wrongly, then by passing an interim order, it is directed to open the road immediately. After this, after giving proper hearing to both the parties and having proper witnesses, after observing all the documents, Tehsildar decides the route under section 131. If an alternate route is available, the demand for a new route will not be accepted. If there is a traditional path on which the victim has been following for years since the time of ancestors, then in such a case such path cannot be stopped. In this way the Tehsildar settles the road and gets the road opened. If the guilty person does not open the way even after the order to open such a way, then orders can be given to open the way through police action.
When the Tehsildar does not determine the route - When a question of ownership exists in relation to a land, that is, the question of ownership and where the ownership is not clear, in such a situation, the Tehsildar does not determine the route. If the road sign is present in the Khasra map etc., in such a case the Tehsildar does not determine the route by going beyond the map. That is, the path which is present in the map is considered as the final path. When a traditional road has been in existence for years, has existed for many generations, in such a situation the Tehsildar does not give the right of a new road. In case of dispute of traditional ways, the aggrieved party does not get relief from the Tehsil Court, in such a case he should file a case in the civil court under easement right.
Often road problems are seen more in the agricultural lands in the village because the neighbors on the agricultural lands keep passing through each other's fields. Sometimes, in case the route is not marked on the map, some side blocks the way. Which makes it difficult for the other side to enter t...