In today’s increasingly complex land management environment, the concept of "Right of Way" has become crucial for resolving land access issues and ensuring smooth property transactions. With the growing value of land and the increasing prevalence of crops like sugarcane, which remain in fields for extended periods, understanding the right of way and its legal implications is essential. This guide provides a detailed and straightforward explanation of the right of way, including relevant legal provisions and practical examples.

Historically, land use was simpler, and farmers often utilized fallow lands and existing paths for access. Bullock carts frequently traveled across other farmers' lands during harvest time. However, as the demand for land increased and irrigation expanded, these informal pathways became less feasible. The rise in land value and the fragmentation of large parcels into smaller ones further complicated the situation. Consequently, understanding and managing the right of way has become a significant issue in contemporary land dealings.

The Maharashtra Land Revenue Code (MLRC) provides the legal basis for managing right of way in the state. Here’s an in-depth look at the relevant sections of the MLRC:

1.1 State Ownership of Public Roads and Paths:

According to Section 20, the state government owns all public roads, lanes, paths, bridges, ditches, dikes, and similar infrastructure that are not privately owned. This means that if any disputes arise over these public spaces, they must be resolved by the Collector or a survey officer through a formal inquiry.

1.2 Scope of State Property:

The section covers various public properties, including the beds of seas, rivers, streams, and other watercourses, which are considered state property unless private rights have been legally established. The state government can dispose of these properties according to its regulations, but public rights of way must be preserved.

1.3 Appeals and Revision:

Decisions made by the Collector or survey officer under this section can be appealed. Suits challenging these decisions must be filed within one year, or the order remains in effect.

1.1 State Ownership of Public Roads and Paths:

According to Section 20, the state government owns all public roads, lanes, paths, bridges, ditches, dikes, and similar infrastructure that are not privately owned. This means that if any disputes arise over these public spaces, they must be resolved by the Collector or a survey officer through a formal inquiry.

1.2 Scope of State Property:

The section covers various public properties, including the beds of seas, rivers, streams, and other watercourses, which are considered state property unless private rights have been legally established. The state government can dispose of these properties according to its regulations, but public rights of way must be preserved.

1.3 Appeals and Revision:

Decisions made by the Collector or survey officer under this section can be appealed. Suits challenging these decisions must be filed within one year, or the order remains in effect.

2.1 Extinguishment of Public Rights:

Section 21 allows the Collector to extinguish public rights in a road, lane, or path if it is deemed no longer necessary for public use. This process involves issuing a notification in the Official Gazette and inviting public objections.

2.2 Procedure for Extinguishment:

A. Notification and Objections:

The Collector must publish a notification about the proposed extinguishment and invite objections from the public. Anyone with an interest in the road or path can submit objections within ninety days.

B. Hearing and Declaration:

The Collector must consider all objections and make a final declaration. If the road or path is no longer needed for public use, the Collector will extinguish public rights and dispose of the road as per government regulations.

C. Compensation:

Compensation may be provided for substantial loss or damage caused by the extinguishment, although compensation for the loss of public highway rights is generally not granted.

3.1 Claiming Right of Way:

Section 143 allows landholders to apply for a right of way over adjacent properties. To do this, the applicant must submit a request to the Tahsildar, including a 7/12 extract, a rough map of the proposed road, and details about affected persons.

3.2 Considerations for Granting Right of Way:

A. Need for Access: The Tahsildar will assess whether a new right of way is necessary for the farmer.

B. Existing Routes: The Tahsildar will evaluate the current access routes and their adequacy.

C. Nearest Approach Road: The proximity of the nearest road to the farm will be considered.

D. Alternative Roads: Any available alternative routes will be examined.

E. Width and Impact: The Tahsildar will ensure that the right of way is of reasonable width and minimizes damage to adjacent lands.

F. Appeals: If the decision is unsatisfactory, appeals can be made to the Sub-Divisional Officer (SDO) or in a Civil Court within one year. If a civil suit is already filed, appeals cannot be made to revenue authorities.

Immediate Relief for Blocked Right of Way:

The Mamlatdars Court Act provides a mechanism for swift action if a right of way is obstructed. Farmers can file a simple application to have the obstruction removed within 8-15 days.

A. Content of Application:

The application should be straightforward, mentioning that it is made under Section 5 of the Mamlatdars Court Act. It should include the nature of the obstruction and a demand for its removal.

B. Action by Tahsildar:

Upon receiving the application, the Tahsildar must issue notices within three days, inspect the site, and take action to clear the obstruction. The Mamlatdar has powers similar to a Civil Court and can enforce the order with police assistance if necessary.

C. No Appeal:

There is no appeal against the Mamlatdar's order, and the SDO has limited authority under this act. This ensures prompt justice for farmers.

Example 1: Historical Pathways:

A farmer who inherits land with historical pathways may find these routes no longer viable due to land fragmentation. In such cases, understanding the right of way laws helps in negotiating new access routes or claiming rights over existing ones.

Example 2: Legal Claim for Right of Way:

A farmer who purchases land but lacks direct access may apply to the Tahsildar for a right of way. The Tahsildar will assess the need for a new path, existing routes, and alternative access options to determine a fair solution.

Example 3: Obstructed Right of Way:

If a farmer’s right of way is blocked by construction or other obstructions, they can use the Mamlatdars Court Act to seek immediate relief. A simple application can prompt the Tahsildar to act swiftly, ensuring the obstruction is cleared and access is restored.

1. Historical Pathways:

Traditional roads and paths may still exist but might not be legally recognized if land has been reallocated or subdivided.

2. Legal Framework:

The MLRC provides a structured approach for managing public and private rights of way, ensuring that claims and disputes are resolved through formal channels.

3. Emergency Relief:

The Mamlatdars Court Act offers a streamlined process for addressing immediate blockages and disputes related to existing rights of way.

The right of way is a vital aspect of land management, particularly in areas experiencing rapid development and land fragmentation. By understanding the legal provisions outlined in the Maharashtra Land Revenue Code and the Mamlatdars Court Act, landowners and farmers can effectively navigate issues related to land access and resolve disputes. Whether dealing with historical pathways, applying for new rights, or seeking immediate relief from obstructions, being informed about these laws ensures smoother property management and minimizes conflicts.