MUNICIPAL BOARD, MANGLAUR vs SRI MAHADEOJI MAHARAJ

The Supreme Court held that the inference of dedication of a highway to the public can be drawn from long usage, and the width of the highway is determined by the extent of that use, as per Halsbury’s Laws of England. The Court found that the side lands adjacent to a metalled road were also included in the public way, as they were necessary for the road's maintenance. The Municipality, while having management rights over the pathway, does not own the soil but can take action against trespassers, affirming the landowner's right to maintain possession subject to public passage rights.