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Sulochanabai Swaropchand Chawre v. The Additional Commissioner, Amravati Division & Ors.

Civil Appeal · 2021 INSC 507Decided 20 Sept 2021
Civil Appeal No. 5800 of 2021
Justice Uday Umesh Lalit · Justice S. Ravindra Bhat

Background

Following a spot inspection, a Sub-Divisional Officer directed that a 6-metre wide road be carved out of the appellant's land to give a neighbouring landowner (respondent no. 4) access to his agricultural field. The appellant's challenge to this order was rejected by the Additional Commissioner, Amravati, and her subsequent writ petition was dismissed by the Bombay High Court (Nagpur Bench) in a brief order. She appealed to the Supreme Court, arguing that respondent no. 4 had no established easement or legal right to compel access through her property, and that the High Court's order did not engage with that question.

Decision Breakdown

The Court reviewed the High Court's order and found it did not examine whether any easement or right actually existed entitling respondent no. 4 to access through the appellant's land, merely noting that the road had already been built. The Supreme Court held that this important issue deserved more detailed consideration, set aside the High Court's order, allowed the appeal, and remanded the writ petition back to the High Court to be decided afresh within six months. Pending the fresh hearing, the Court directed that the status quo as of 11 January 2019 continue, and that respondent no. 4 not alter the character of his property or use any land-conversion permission he may have obtained.

Lesson Learnt

A court order granting someone a right of way over another's private land must actually determine whether a legal right (such as an easement) exists: a decision that skips this question and merely notes facts on the ground is liable to be set aside and sent back for proper consideration.

Official source (sci.gov.in)View Judgment (PDF)

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