Rajasthan Tenancy Act, 1955 - Section 251-A - Legal Provisions and Purpose
Section 251-A of the Rajasthan Tenancy Act, 1955, is enacted to regulate the sanctioning of new pathways or ways (easements) through agricultural land. It emphasizes that such sanctions are of absolute necessity, not mere convenience, and require adherence to specific legal criteria. Dhanna Ram S/o Gula Ram VS Board Of Revenue - Rajasthan
Application and Procedure under Section 251-A
Applications for establishing new ways or easements are to be filed before the Assistant Collector or Sub Divisional Officer. The application must clearly state the intention to open a new way through another khatedar's land or to enlarge an existing pathway. The process involves examining the necessity and the legal ingredients for sanctioning such a new way. Rajaram VS Gopal - Rajasthan
Disputes and Appeals Related to Section 251-A
Disputes often arise regarding whether an application falls under Section 251 or 251-A, especially when contesting the opening of new pathways or easements. Appeals against decisions or dismissals can be made, with courts examining whether the application meets the criteria laid out in Section 251-A for necessity and proper procedure. Nimmba Ram S/o Purkharam vs Premaram S/o Sh. Karnaram - Rajasthan
Analysis and Conclusion
Section 251-A of the Rajasthan Tenancy Act, 1955, provides a legal framework for sanctioning new pathways or easements on agricultural land, emphasizing necessity over convenience. The process involves specific procedural steps before the competent authority, with provisions for appeals and dispute resolution. The law aims to balance individual rights with land use regulation, ensuring that any new way is sanctioned only when truly necessary and in accordance with legal requirements.
Constitution of India, 1950 - Articles 226, 227 - Rajasthan Tenancy Act, 1955 - Section 251-A - Sanctioned ... of the Act of 1955 - Held, as clearly stated in the said provision of law, are absolute necessity, and not sought for mere convenient ... of new way from the land of the petitioner - Challenged - Necessary ingredients for sanctioning of a new way under Section 251-A ... The private respondent filed an application (registered as Case No.116/2020) under #HL_STA....
(A) Rajasthan Tenancy Act, 1955 - Sections 251 and 251-A - Appeal against dismissal of writ petition - The appellants contended ... that the application for easementary rights should be examined under Section 251, while the respondents argued it was under Section ... 251, while the respondents argued it was for opening a new way under Section 251-A. ... 251-A of the Rajasthan Tenancy Act, 1955 (hereinafter referred....
Rajasthan Tenancy Act, 1955 - Section 251-A and 251 - Right of way and other private easement - Laying of ... 251-A of Rajasthan Tenancy Act, 1955 before Assistant Collector & Sub Divisional Officer, stating therein that an agricultural land ... opening a new way through another khatedar's holding or enlarging the existing way - Respondent No. 1 moved an application under Section ... As the pleaded facts would reveal, the respondent No. 1 moved an ap....
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