CIVIL

Dear Client,
The easementary right by necessity could be acquired under Section 13 of the Indian Easements Act, 1882 which provides that such easementary right would arise if it is necessary for enjoying the dominant heritage. If any easement right is acquired and subsequently obstructed, the person who acquired such right must file a suit within 2 years claiming such a right. 20 years in the case of private property and 60 years where such property is a government property. In the given scenario, you can file a suit against the concerned people for disturbance of easement right under Section 33 of the Indian Easements Act, 1882 before a Civil Court having jurisdiction over the suit property. Apart from this, you can file a private complaint against the persons 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.