By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Thasildar has no business in BDA notified area. The Thasildar cannot block the road which is being used by all the adjoining house owners and apartments without due process of law, The tahsildar has blocked road to Tennis Academy in Thanisndara is direct violation of human rights and violation of Section 13 of the Indian Easements Act . An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes The Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity; if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.
Bondu Ramawmay is crusader and defender of law and he has won land mark judgment against BDA in Bondu Ramaswamy & Ors vs Bangalore Development Authority ... on 5 May, 2010CIVIL APPEAL NO. 4097 OF 2010 Arising out of SLP (C) No. 4318 of 2006).Reortedy and he and his family members owns 100/1 and 100/2 and 100/7 in thansanadra Bangaluruand opposite to 100/7 v BR Tennis Academy 80 feet road exists .It is pertinent to note that thasildar has no jurisdiction in BDA notified area of 85/3 even then he has come and erected barricade in front of BR Tennis Academy totally closing the road for BR Tennis Academy and now no one can enter BR Tennis Academy which is an attocity on owners of the land.This road is even used by builders of apartmernt but thasildar has with vested interest has obstructed it illegally.
The Tahsildar has blocked road to Tennis Academy in Thanisndara which need to be immediately need to be vacated and as they cannot use the property becuasde of no road and inside people are living and students and coachesof Academy are not able to enter the academy . Police helping the so called thasildar is seen as affront to human rights of people.
The Police can file FIR under sections 283 (danger or obstruction in public way or line of navigation) and 336 (act endangering life or personal safety of others) of the IPC. against Thasildaron cpmliant of owners for blocking the road under Section 283 in The Indian Penal Code 283. Danger or obstruction in public way or line of navigation.--Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.
BR Tennis Academy is a professional Tennis coaching organisation which specializes in coaching for schools and providing individual coaching sessions for the more ambitious individuals.Alluri Seetharamaraju is Director/Coach for recreational and tennis programs at The BR TENNIS ACADEMY.He is currently a Professional Tennis Registry US (PTR) certified Professional . He also participates in selective fundraising tournaments, plays in adult and senior USTA tennis leagues and was a part of kinesis coaching team He is committed to expand and sustain the growth of tennis. BR Tennis Academy coaches have played tennis at the competitive level for many years before deciding to give back to the game and nurture budding talent. Techniques, strategy, movement on court, fitness planners, and travel for tournament scheduling will form part of a comprehensive regimen in the quest to provide a solid foundation for building a professional tennis career. You can visit the https://www.facebook.com/pages/BR-Tennis-Academy/649279791764780and its website http://brtennisacademy.com/for further details on their sport activities.
Right of Way:An Easement, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement. Right of way is also used to describe that strip of land upon which railroad companies construct their roadbed; in this context, the term refers to the land itself, not the right of passage over it.The term right of way also refers to a preference of one of two vehicles or vessels, or between a motor vehicle and a pedestrian, asserting the right of passage at the same place and time. It is not an absolute right, however, since the possessor of the right of way is not relieved from the duty of exercising due care for her own safety and that of others.