further
injunction restraining them from disturbing the plaintiffs exclusive user
of the pathway lying between the properties of the plaintiffs on one side
and defendants ... attached to the
plaint in blue and green colours respectively. The pathway is similarly
shown in red colour in the map. It was the case
notes, securities or foreign exchange; (34) the control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water-supply
SC1940 (46)
R 1980 SC1785 (9)
ACT:
Pathway dedicated to the public--Inference of
dedication--How to be drawn-Municipality whether has right
to build ... special leave.
It was contended for the appellant Municipality that the
entire pathway between the two drains stood dedicated to the
public; and the fact
public without any
obstruction. The appellants denied existence of a pathway through survey Nos.792
and 803 and pleaded that members of the public ... called admissions made in the
written statement about the existence of public pathway through plots bearing survey
Nos.792 and 803 is not binding
alley or passage which is not a public road and includes a pathway made by the owner or premises on his own land to secure ... Public road" means any street, road, square, court alley, passage or pathway over which the public have a right of way whether a thoroughfare
respect of `B' Schedule property of the
plaint as a pathway to the `A' Schedule property of the
plaint ... same and `B' schedule property of
the plaint which is a pathway extends up to the road on the
West from the said gate
that a citizen has no right to ply transport vehicles on public pathways as a matter of right, that it is a mere privilege ... favour of this position may be summarised as follows:
11. The pathways belong to the State. The only right which the public has over them
recovery of that portion of the plaintiffs property now converted as a pathway.
5. In the original written statement, the defendant contended that the rough ... denied. They said that they have been in possession of the pathway for more than the statutory period.
7. On the above pleadings, trial Court
accused, by name Surjaram had a dispute with the deceased over a
pathway. The said pathway opens and runs through the lands of the deceased ... dhani. The lands of
the deceased and the pathway which is claimed by Surjaram as that of his
own, are surrounded by the lands
outlets to be furnished, and the fencing of shafts pits, outlets, pathways and subsidences; (l) for prohibiting the employment in a mine either as manager ... dangerous or prohibited area, subsidence haulage, tramline or pathway, where such fencing is necessary for the protection of the public; and (zz) any other matter
