Multi storeyed buildings upto 8 floors + 2 basements are being allowed on bullock cart paths by the local-level bodies with total disregard to TCP. I will now come to the right of way sought by the locals. Section 15 of the Easement Act makes it amply clear that to acquire an easement by prescription in respect of right of way, it must not only be peaceably and openly enjoyed but as an easement and as of right without interruption for 20 years. In the light of the provisions of the Easements Act brought into force in Goa with effect from November 1, 1978, several matters came for consideration before Bombay High Court on a claim under Section 15 for right of way as it is laid down that the user of the right of way to be open must raise presumption that it is to the knowledge of the owner of the servient property and that the owners acquiesced. It also lays down that the Court should consider the right of way, the character of the ground, the steps for which the right is claimed and the relation between the parties.
