Consequences of putting up fence of govt land, road side?
Anil Kumar
(Querist) 14 May 2015
This query is : Resolved
I realize it's a childish, immature question, but I couldn't find anything related to this topic, need clarity in this regard.
We have a house on a 80 ft road, we recently put up fence upto 15 ft from our house in the area between road and house, which we don't own obviously. Lot of others on this road have encroached around 20 ft on both sides! Govt doesn't bother to check this road, it's rarely used, not a main road.
The high court has STRICTLY ordered, and even commented strong words to the nagar nigam dept to shift all the cattle owners to the outskirts, where land is alloted to these dairy owners. But nagar nigam is SO CORRUPT that they just seize the cows and return it back after taking bribes!
The order is 2-3 years old, They are repeatedly disobeying high court, the high court panel was pissed off once, said,"If nagar nigam doesn't get it done by the last date, we will send their officials also to live with the cows!!"
We put up fence because of stray cattle only, they are left for grazing in huge numbers at midnight, and the cows and bulls ransack our car, front door etc at midnight, for no reason! And it's because nagar nigam's fault that we are forced to put up fencing, even though we don't wanna break any laws. We own the house since 18 years, but shifted here last year.
IF in the future, the city TRULY becomes cattle free, we will gladly remove the fencing on our own.
TILL THEN, if they come here against encroachment:
1. Is it mandatory to give us warning first? Our fence is portable type, can be removed in few hours.
2. What legal action can they initiate?
3. Can they take action against us SOLELY, while leaving others scot free? The other encroachers have few political connections, I am pretty sure there won't be any action against them.
4.(I know it sounds childish, please bear with me)
Can we blame the nagar nigam on their own failure (dealing with dairy owners) and use it as an excuse to prevent any legal action?
Guest
(Expert) 14 May 2015
Your questions do not deserve any response, as besides being childish, your activity is grossly illegal also.
If lot of others near you start taking part in terrosist activities or start murdering others, would you also follow all of them.
Rajendra K Goyal
(Expert) 14 May 2015
This is unauthorized act and the Municipal authority can remove it and can take steps as warranted under law.
Sudhir Kumar, Advocate
(Expert) 15 May 2015
your query doe snot convey entire picture in concise words so as to be understood in one reading.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
Expert Mr. Dhingra has rightly observed some valid points in bis reply, what is the answer the author has for this?, thus do not justify the illegal act and also asking an opinion to how to legalise the issue is also an offence.
