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n p (others)     13 October 2023

Legalising access to our agricultural property through government land

I have an ancestral agricultural property and only access to this said property is through government land (which is called as kumki/haadi land in karnataka)  Now this government land is encroached/occupied by some local people illegaly and this has caused access to our land made very marginal around 1 meter or less. Olden days this access was around 5 meter and now they reduced to 1 meter or less. We had arguments with those people over this incident and Now through negotiation & providing some money to this occupants we are able make way for 5 meter wide access to our site.  Now we are in process of making 5 meter wide kind of road on this space and to put boundary walls on both sides.  My question is here how can we ensure that the present access of 5 meter is legalised as access/road to our agricultural site ? How can we ensure that these occupants/encroached persons (i.e illegal occupants) never trouble us in using this 5 meter access or how can we ensure that this 5 meter to be documented as road or access to our site ? what all legal documents need to be executed from our side ? how can we make these encroached persons or their future generations or anyone never encroach our 5 meter road or block access to our site through this 5 meter access ?  Kindly give me some suggestions to implement or execute documents that will benefit us to retain this 5 meter wide access to our property. 



Learning

 2 Replies

P. Venu (Advocate)     13 October 2023

Facts posted suggest that like the alleged encroachers, you have also taken the law in your hands to construct the wall to protect the acess through the Government law. In my considered view, the exercise ought to have been made through the competent authorities such as SDO, RDO etc. You may consult the local advocates to ensure, at least at this stage, the approval of the said authority could be obtained.

Dr. J C Vashista (Advocate )     14 October 2023

The land is stated to be owned by government, where none of you can have individual claim or right, till it is vacant. If some one has encroached s/he is liable to be prosecuted.

No such access can be provided to you.


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