Expert explains

I am 66 years old and I reside in a rented house.

CHENNAI : I am 66 years old and I reside in a rented house. I am a Railway pensioner. With my retirement benefit, I purchased an unapproved plot measuring 1,700 sq ft in S.No 277/1 which comes under Perungalathur Town Panchayat. Also, there are six unapproved plots in the layout, providing road access to surrounding plots. Unfortunately, all our plots do not have any road access except from south side. All the other sides are blocked by flats and a waterbody.

Our adjacent plot was purchased in 2005, and it has been lying vacant for the past 14 years. It completely blocks the road access to our plot. The owner is neither going for a land approval nor is developing her/his land. In case the plot owner goes for layout approval, we will definitely be given road access by CMDA or Perungalathur Town Panchayat. Now, the other plot owners, including me, are unable to construct houses as there is no road access. Is there a legal remedy for getting road access?

— S Ramakrishnan
You will have to file a suit against your neighbour for the easementary right of pathway to your plot. If you succeed in the suit, then you can give shape to your dream of constructing a house.

In one of my second appeals before TNIC under RTI Act, my appeal was unreasonably delayed for a hearing. But on my RTI enquiry, they now merely inform me that an hearing will be held shortly, but without answering my four specific queries against procrastination at their end. Kindly advise whether a SA against TNIC themselves on their lapse will be heard in a fair manner. What is my next legal avenue if my SA stands vetoed?

— R Viswanathan
RTI Act is meant to get information from the authorities. Now you seem to be having a war with the information commission (presently headless body) which is only a waste of time. For any direction to the TNIC or any challenge to the Second Appeal, it can be done only by way of a writ petition before the High Court under Article 226 of the Constitution. There your experience will be much worse and no one will answer even about the prospective time by which the matter will be heard by them. Good Luck!

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