Legal Question in Real Estate Law in India

I have a property on the main road of my City. It is a corner plot of about 700' x 700'. I have 1- 1 entry gate from

both of the main public roads. The property is over 100 years old, and is enclosed by a 9' high boundary wall.

Now the local municipality has constructed a pavement absolutely adjoining our boundary walls (touching it), on the

main public roads. They are leaving the passage for our gates clear.

Now the municipality is licensing out areas absolutely adjoining our wall (with no gap whatsoever), on this

pavement, to some handcarts (hawkers) etc. to put up their handcarts. They are being allotted permanent numbers and

a badge is being given to them.

They have also marked the same numbers on our walls, and also marked on the pavement (with lines) the area where the

individual handcarts will stand.

What are my rights? Can I take measures so that they do not put up these handcarts outside my boundary, on this

pavement?

By putting these handcarts, they are obstructing my future plans of having more gates in this wall, as also my being

able to construct some shops for business etc. Are they justified keeping in mind the Easement Act or any other Act?

What action should I take, if my rights are being violated?


Asked on 4/27/10, 4:49 am

1 Answer from Attorneys
KAMAL GROVER

you can approach to the court to stop this activities as per law from your wall, 3 feet is your right that you can use infront of your house. it also depends upon city to city so better to contact any local lawyer and he will guide you accurately.

Regards

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Answered on 4/27/10, 5:16 am


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