What legal action can I take against the blocking wall?

There is a 5-foot PCC road in front of my house, which was laid down under the Chief Minister's Regional Development Scheme on raiyat land owned by other parties. They have built a brick wall on the PCC road, completely blocking my passage out of my house. After the High Court issued a direction in a writ petition, the CO made a report stating that no action can be taken, as the PCC road is on raiyat land. What should I do in this situation?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 11 Nov 2024

To address the blockage of the PCC road in front of your house, you can take several legal actions. First, consider filing a civil suit against the parties responsible for constructing the wall, asserting your easementary rights to access the road. Gather evidence such as photographs and documents to strengthen your case. Additionally, you can file a complaint with local police regarding the illegal obstruction; if they do not act, escalate the matter to higher authorities or a magistrate. Submitting a Right to Information (RTI) request can also be beneficial to determine if the PCC road is officially recognized as a public road and to obtain relevant municipal records. Finally, issuing a legal notice to the neighboring property owner demanding the removal of the wall may prompt action.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 09 Nov 2024

In your situation, where a brick wall has been constructed on a PCC road blocking your access, you have several options. First, since the High Court has issued a direction, consider filing a contempt petition against the concerned authorities for non-compliance with the court's order. Additionally, you may file a civil suit seeking an injunction to remove the obstruction and restore access to the road. It is crucial to gather evidence, including photographs and witness statements, to support your claims. Consulting with a lawyer experienced in property and municipal law will help you navigate this process effectively and ensure your rights are protected.

Admin
Advocate By LEAD INDIA Answered: 09 Nov 2024

Sir, as you can file a Contempt of court application with respect to High Court Order and you may also file a case of right to easement against such persons and authority. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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