I have an agricultural piece of land ,in Himachal Pradesh ,India which is about 60 years old..There has been no cultivation in this peice of land for about 20yrs now. About 20 years back in the areas adjacent to my land which were alos agricultural lands were bought by a few group of people in their individual names and later they formed a housing cooperative society .. No piece of property was transferred to society .. However, some of the members transferred there lands on affidavits to society account which were sold by so called society on allotment letters and remaining portion of land was sold by indiviaual owneres themselves . the buyrers of the plots got plots registered as individual owners in the revenue records ..
In that society roads were made in the land which is on the individual names and not the land transferred to society. In that Housing cooperative society no facility is being provided toresidents of the society by the society owneres.
1. Like installing of transformers for electricity from its own fund , Transformer is installed by pOWER SUPPLY Compamny
2 Street lights are installed by the power supply company and no bills are paid by the society .
3. Roads of that society are being repaired from the grant of PWD , though repair is not executed by PWD itself. Repair is carried out by Housing Cooperative society .
4. Society got installed borewell in its area on from the govt agency at a subsidised fund .
5. Dustbins are installed by the Municipal Corporation in the society .
Now, when I am trying to develop my land , society office bearers are objecting to my use of roads in the name of their individual members. TO PERMIT ME TO use their road the society officers are asking ME TO PAY SIZEABLE CHUNK OF money OR THE PIECE OF LAND as thheir contention is that they are the owneres of the land .
My Querry is :
Can they stop my entrance from the road in the society area to my land where govt money is involved as dicuseed above in points 1-5.
When I gave my view to society that can not lay any claim on the roads itself as the govt money is involved they were of the view that they have not given the ownership of land to the concerned deptt or to the govt , The govt has given us the aid on our requests .
Normal feeling is where govt money is involved on the roads or the on any development work carried out along the road or society the road becomes useable by the all without any restrictions and society or its individual members cannot stop it .
Pls give your legal views along with any citations, if any.
1 Answer from Attorneys
You have easementary right of ingress and outgress to your land. Society cannot stop you and you are not required to pay anything in this regard. The demand Society is illegal. Sice road is on your land so if Govt. has erected the road you are entitled to be duly compensated. If required consult with details. Sidharth 9811776422
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