Right of Way & Easements (Rasta Nikaas)
Suits filed before the Tehsildar to seek a new pathway, widen existing pathways, or clear blockages in paths leading to agricultural fields.
Understanding Right of Way & Easements (Rasta Nikaas)
Access rights to agricultural fields (Rasta Nikaas) are governed by Sections 251 and 251-A of the Rajasthan Tenancy Act, 1955. These statutory provisions empower Tehsildars to remove blockages from traditional field pathways or sanction new pathways through adjacent agricultural land upon payment of fair compensation.
Key Provisions & Legal Guidelines
Section 251 (Removal of Obstructions)
Summary application before Tehsildar to reopen blocked traditional pathways or customary field tracks.
Section 251-A (Sanction of New Pathway)
Statutory application seeking grant of a new passage through neighboring agricultural land when no reasonable alternative route exists.
Spot Inspection Requirement
Tehsildar orders immediate Mauka Girdawari (field spot report) by Halka Patwari before passing interim passage orders.
Step-by-Step Trial Procedure & Roadmap
Required Document Checklist for Filing
Key Precedents & Judicial Rulings
⚖️ 2026 RRD 150: Tehsildar has statutory duty under Sec 251 to reopen blocked customary paths even if a longer alternate route exists.
⚖️ 2025 RLW 210: Compensation under Section 251-A must be calculated on DLC rates of the affected land strip.
Frequently Asked Questions (FAQs)
Q: What is the key difference between Section 251 and 251-A?
Ans: Section 251 reopens existing/traditional blocked paths; Section 251-A sanctions a new passage through adjacent fields.