Can a survey be done wihout notice to neighbhours
Ramkrishna
(Querist) 09 March 2012
This query is : Resolved
Sir,
I am holding a plot in Ghatkeskar Mandal, RR Dist, Hyderabad.
One of the Pattadar is an owner of Survey No.X, he has made a lat out in 1981 and sold all the plots, now he contends that he has some more acres in the said survey which could not be traced.
He has applied for demarcation of boundaries at The Office of Asst.Director of Survey and Land Records, RR Dist.
Without any notice served to the neighbour survey numbers the Survey was being conducted and when some of the plot owners objected the Surveyor said he would do the survey after a week.
There is an ongoing Civil Suit between the said pattadar and some other Pattadars and the case is at evidence stage.
The pattadar who has asked the survey now has filed an I.A before the Principal Civil Judge, RR Dist. in 2004 to appoint an Advocate Commissioner to demarcate the survey nos, with the help of Asst. Director Survey and Land Records.
The said I.A was dismissed on 22-4-2004
In his Judgment the Hon'ble Judge has observed "that the said pattdar has to prove his possession on evidence and he cannot try to fish-out evidence through Advocate Commissioner with the help of Asst. Director of Land and Records.
When the certified copy of the said order was shown to the Asst. Director of Land Records strangely he is asking proof to whether that said order is still sustainable.
There were no other orders from any court other than the order of the Prinipal Judge of City Civil Courts.
Can the survey be stopped pending notification to the neighbhouring survey number owners.
Is there anyother way to stop the survey as the person who has asked this survey is trying to encroach into neighbouring survey plot owners.
thanking you,
A V Vishal
(Expert) 09 March 2012
Make the Asst.Director of Survey and Land Records, RR Dist as one of the respondents in the suit and most of the problem is solved.
Raj Kumar Makkad
(Expert) 09 March 2012
Such survey conducted without the permission of the court and at the back of the neighbours shall not be of any use for the person getting it done. There is no need to implead the surveyor as a party to the ongoing litigation as it shall increase the multiplicity of the litigation rather as and when such report is put on court file, challenge it on all possible grounds so that its authenticity may become doubtful and thus it be discarded for putting any reliance thereto.
Guest
(Expert) 10 March 2012
There is no need to give notice to neighbours while surveying a property of a petitioner/applicant. Because all the property is already fixed with Field Measurement Sketch with measurements. The surveyor duty is only to fix the boundaries and not fixing the ownership and title of the property. It is the duty of the civil court to decide.
Sankaranarayanan
(Expert) 10 March 2012
No need to seek permission from neighbor regarding the servey
r sugumaran
(Expert) 11 March 2012
Eventhough it is not necessary to seek permission of neighbours, however you may prevent him entering upon your plot. You may send a legal notice to Asst Surveyor calling upon him not to enter upon your land.
