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SURESHWAR THAKUR, KULDEEP TIWARI
Hari Ram – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. existence of revenue rasta and ownership. (Para 1 , 2) |
| 2. dispute over encroachments on revenue rasta. (Para 3 , 4) |
| 3. jurisdiction of municipal authorities. (Para 5 , 8) |
| 4. implications of the gram panchayat's proposals. (Para 6 , 9) |
| 5. court's analysis on encroachments and lawful sanctions. (Para 10 , 11) |
| 6. requirement for municipal notice and decision process. (Para 13 , 14) |
| 7. (Para 16 , 17) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
As revealed by Annexure P-33, which becomes appended to CM- 1579-2023 (in CWP-2485-2021), a revenue rasta exists upon khasra No. 264/2. The dimensions of said revenue rasta is 5 kanals and 7 marlas. It is also detailed in Annexure P-33, that the said rasta is owned by Gram Panchayat concerned. Therefore, all the persons, who have any lawful rights to exercise thereons their easmentary rights, but naturally cannot be deprived from their making such exercising(s) thereons nor prima facie the private builders concerned, can make any apposite obstructions.
2. It is also revealed from a perusal of the sanction plan, as is drawn in favour of the builder concerned, that the competent authority, has in respect of the lands concerned, rather granted s
The court emphasized that easementary rights must be respected in land use decisions and disputes regarding such rights require resolution through statutory processes rather than summary writ proceed....
The plaintiff's appeal against the dismissal of her suit was rejected as the demarcation report showed lawful encroachment on government land.
The Tehsildar exceeded jurisdiction by acting before the Gram Panchayat's decision, necessitating civil suits for disputed easement claims rather than summary proceedings.
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