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Ashwini   09 August 2024

Handpump on abadi land where i am constructing my house as well

I am a retd IAF personnel and an resident of Uttar Pradesh. There is an Abadi land in my village which was allocated to my great grandfather. While I was on service my brothers constructed their houses on the ancestral land and left abadi land for me. Around 16 years earlier a givt handpump was installed on that land. Now I am constructing my house on that land. The locat6of handpump is such that it is within the house boundary almost in the middle of the front wall. I requested authorities to rebore it but they said that since it is in working condition they will not remove it. My query is, isn't there any way that handpump can be rebored?. What happens if years after the handpump stops working? Would they reinstall a new handpump on my land?? Would they destroy my house?



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

If you are having a clear and marketable title to the property by the virtue of registered title document on your name then you can file a suit for mandatory injunction against the authorities concerned praying for direction to remove the hand pump from your property.

Dr. J C Vashista (Advocate )     10 August 2024

Whether the handpump is installed by authorities or it is a private pump ?

Ashwini   10 August 2024

Yes the Handpump was installed by authority, under the then Sarpanch. It isn't private.

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

Do you have a registered document to prove your title to the abadi land on your name.

The abadi land was allotted to your grandfather and subsequently it devolved on the legal heirs of the next generation.  Now you say that it has been allotted to you by your brothers, if so whether they had any authority to give this property to you, if so did they execute any registered release deed in your name.

Thus if you have a registered document in your favor to establish that this property belongs to you, you can file a suit for mandatory injunction against the local civic body to remove the hand pump of the borewell underneath the hand pump and also to close the said borewell. 

First of all establish your rights and then fight for your further rights in this connection.

Ashwini   10 August 2024

Sure I am working on the legal documents through the regional Lekhpal and will file the suite accordingly but in case it happens that the handpump stops working, since it already is not working properly, before my case is resolved then would the authorities remove it or no action would be taken until and unless a final judgment is passed?

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

This is not your property and it is a government property and causing a hindrance or obstruction to you.

But you cannot remove or uninstall it.

You can be booked under theft offence if you are removing the government property on your own.

Therefore you may better follow the due process of law.

Ashwini   10 August 2024

No I won't ever remove it on my own and will follow the due process of law only.

Thank you for your suggestions and comments.


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