Lawfarm Team
in Property Law Civil Law Agricultural Law
Asked May 12, 2016

entry to the property is blocked by the neighbors

  • 1 Answer

I have a 4000 square feet piece of land. Another piece of land in front of mine was taken up by the government to build a road, leaving 320 square feet part. 1 year ago somebody bought this piece of land and is now blocking the approach to my land, and is forcing me to sell my land to him at a cheap price. I do not want to sell this land. What do I do.

Answer 1

Answer by Amrisha Tripathi, Lawfarm Researcher:   The situation mentioned by you is a case of Nuisance under Section 268 of the Indian Penal Code. this person’s act of not allowing you to access the road can be considered as a fit case of nuisance where he has taking away a public right from you.  In the case of Dr. Ram Baj Singh v. Babulal[1], the Allahabad High Court has said that any person can use his private property in the manner he likes, it amounts to private nuisance if the consequences of its use are spilled over to the neighbouring property. In Ramlal v. Mustafabad Oil and Cotton Ginning Industry[2], the Punjab and Haryana High Court has held that there cannot be a definite set of principles which can be enumerated as public or private nuisance but any operation which causes injury to health, to property, to comfort, to business or to public moral would be deemed to be a nuisance. Similarly, this person has the right to do anything with his property as long as it does cause any harm to anyone else. Since his restriction is not allowing you to access the road you can file a suit of injunction against the owner of the neighbouring property like the cases mentioned. By the injunction you can restrain him from causing you further inconvenience after establishing the ‘particular damage’ and ‘injury’ which is being caused to you as a result of the neighbouring property.   [1] AIR 1982 ALL 285 [2] AIR 1968, P&H 399
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