Road access issue to farm land

Dear Client,

Under the Indian Easements Act, 1882, landowners with no access to a public road can claim a right of way as an easement by necessity if the property is landlocked.
Section 19 of the Telangana Land Revenue Act provides a framework to address such disputes through the Revenue Authorities.

Approach the Tahsildar again:
File a formal written application seeking an access route to your land.

Attach supporting documents like:Land ownership records.Survey maps (Naksha) showing the canal route.
Evidence of earlier use of the canal as a passage.Request the Tahsildar to conduct a joint survey and establish the access route.If the Tahsildar fails to take action, escalate the matter to the Revenue Divisional Officer (RDO) or the District Collector.

File a Petition in the Civil Court.If the Revenue Authorities do not resolve the issue, you can file a civil suit seeking:
Declaration of your right of way through the canal as an easement by necessity. A permanent injunction against the neighbor preventing them from blocking access.The court may direct a court-appointed surveyor to inspect the land and verify your claim.

Seek Government Assistance for Agricultural Access. Under PM Gram Sadak Yojana or local schemes, roads are often constructed for agricultural purposes. Approach the Gram Panchayat or Mandal Parishad Development Office (MPDO) to explore possibilities for constructing a public path.

Consider mediating with the neighbor. Propose an agreement to compensate them for a portion of their land to create access. Involve local authorities like the Sarpanch or village elders to mediate and reach a consensus.

If the neighbor continues to create disturbances or gathers supporters to intimidate you, file a complaint with the local police for Intentional insult or Criminal intimidation .
Request police protection during the survey to prevent interference.


Regards

Dear Sir,
You may approach District Collector for making a provision to lay a public road to reach your land. If no action is taken then approach High Court.

Dear Client,
Section 4 of the Indian Easement Act, 1882 defines an easement as a right that the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other lands not his own. Under the provisions of the Easement Act, affected adjoining landowners who do not have a way of access to their plots of land can approach the Civil Court and prove their claim before the Court and get the decision by way of decree for access through the land or path. Serving a legal notice to the owner of the land, you can also file a suit against him for disturbance of easement right under Section. .33 of the Indian Easements Act, 1882 before a Civil Court having jurisdiction over the suit property. The easementary right by necessity could be acquired under Section 13 of the Act which provides that such easementary right would arise if it is necessary for enjoying the dominant heritage. Apart from this, you can file a private complaint against the person in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, hire an experienced Advocate to navigate the issue in the right way.