#Right of Access

The Andhra Pradesh High Court ruled that prolonged but temporary use of Gramakantam land for access does not create a legal easement, even if it is the only route to a residence. Public panchayat land remains inalienable community property, and private claims based on necessity alone cannot override statutory protections for village common land.

Madras High Court affirms that state-induced loss of access to private land triggers a legal duty to provide lawful entry, directing authorities to decide representations on merits within twelve weeks. The ruling underscores that infrastructure projects cannot sever property access without due consideration, impacting landowners affected by public works like the Outer Ring Road.

The Calcutta High Court has ruled that municipal corporations cannot erect permanent structures obstructing a private property’s access to the main road, even on former waste disposal land, without statutory backing or compensation. This affirms that property frontage rights are constitutionally protected and cannot be encroached upon under the guise of public utility.

Madurai HC mandates Kumbakonam Municipal Corporation to decide on a property owner’s request for a culvert over a concreted sewage canal within three months, subject to Water Resources Department approval. The court rejects blanket deferral to pending contempt proceedings, emphasizing timely administrative action to ensure right of access.

The High Court of Telangana holds that state entities cannot block established access routes to residential colonies without providing alternative access or conducting a fair hearing.