Lawfully yours: By Retd Justice K Chandru

CHENNAI: Not lack of laws, Motor Vehicle dept needs to get its act right

Q. Recently, we heard of a woman slipping through a hole in public transport. A mishap that could have been fatal turned out to be a miraculous escape as the woman was perched in the rear seat of the bus and just fell after the rear wheel passed. Also, no vehicles were nearby. This is not a one-off incident in Chennai as many such freak mishaps have happened, even linked to school buses. Road safety has been a perennial issue, but no serious action follows. Even RTOs are least bothered. How can the law step in to end the lackadaisical approach of the authorities concerned and instil in them a sense of responsibility? Can the public take legal action in such cases? — Mohan, Perambur

A.Several directions were issued after the incident of a child slipping through a hole in a school bus near Tambaram became a subject matter of a public interest litigation (PIL). The Motor Vehicles department became a little active. Fitness Certificates (FC) were verified. That department must periodically check and find faults. But that department is one of the most notorious departments now. There are enough laws to regulate motor vehicles. But hardly they are implemented in good faith. Even many of the government-owned MTC buses are worn out and fit to be condemned. In Delhi, the Supreme Court gave directions to take 10-year-old buses off roads on grounds of pollution. But we have not done so over the years.

Property changing hands will have no effect on easementary rights

Q. My grandfather had willed a portion of land to my mother, and the remaining portion to her brother. A pathway separating this land serves as an access route to the main road. After my uncle’s demise, the legal heirs sold his portion of the land to a third party. Now the third party has put up a metal gate as if the pathway belongs to them. Though they cite that it is only to deter strays, I feel something fishy. I don’t want to get into a confrontation with them either. Is there any risk involved? Will they at a later stage claim exclusive rights on the pathway? Please advise. — Sumathi Ramamurthy, Kadambathur

A. Your right to access the main road via the common pathway cannot be blocked. It is called an easementary right. Even if the third-party buyers put up a fence, your right to access is guaranteed. Check your land documents to see for any reference to the common pathway. Even otherwise, by custom usage, you can claim your right. If you face any obstruction, you can move to a civil court and get your rights established.