Case Note & Summary
The dispute arose from a claim by the appellants, who were granted a lease for a portion of plot No.879, to access their property, plot No.878, through the same. The original owner of the plots had been awarded rights under the Maharashtra Regional and Town Planning Act, 1966, leading to the division of the original plot into several final plots. The appellants contended that they had been using plot No.879 for access to plot No.878 for over 35 years, while the respondents argued that the appellants had no legal right to access through their property and should use the proposed D.P. Road instead. The trial court initially granted limited access but later denied full motorable access, leading to the appeal. The Supreme Court, while recognizing the appellants' long-standing use of the access, emphasized the need for a balance of convenience and directed that motorable access be maintained until the D.P. Road was constructed. The court also noted that the appellants could not claim rights over the respondent's property simply due to the absence of the road. The appeal was allowed to the extent of ensuring access until the road was built, with no costs awarded.
Headnote
A) Property Law - Easement Rights - Right of Passage - Indian Easement Act, 1882, Sections 13, 19, 41 - The court considered whether the appellants had established any prescriptive or easementary right of necessity to access their property through plot No.879. It held that while the appellants had been using the access for over 35 years, the absence of a constructed road did not grant them rights over the respondent's property. However, it directed that motorable access be preserved until the construction of the D.P. Road was completed (Paras 26-29).
Issue of Consideration
Whether the appellants had a right of motorable access through plot No.879 to reach plot No.878.
Final Decision
The Supreme Court allowed the appeal to the extent of granting motorable access from the main road to plot No.878 through plot No.879 until the D.P. Road is constructed or until the suit is disposed of, whichever is earlier.
Law Points
- Easement rights
- Town Planning Scheme
- Injunction
- Access rights
- Maharashtra Regional and Town Planning Act
- 1966
