Cutting of living trees
giridharan
(Querist) 26 June 2014
This query is : Resolved
I own a piece of agricultural land near chennai and it is bordered with some palmyra trees [about 35 years old]and inside the land there were a few Cocoanut trees[ about 25 years old] planted. When I visited the land recently a few trees of Cocoanut trees and Palmyra trees were cut down. On enquiry it is known that it is planned to draw H.T.Cables over the land and to facilitate this the persons have cut the trees.
My doubt is whether they can trespass my land like this and also cut the living trees without giving notice to me as the owner of the land, and if not what is the remedy.Are they authorised to proceed like this?
Please educate me and also the possible appropriate actions to be taken against them [ to whom to address]
Thanks,
Giridharan
Devajyoti Barman
(Expert) 26 June 2014
The owner of a land can always resort to appropriate civil and criminal prosecution to protect his land from forceful possession and trespassing.
R.K Nanda
(Expert) 26 June 2014
1.lodge police complaint against them in PS of ur area.
2.file written complaint to forest department against them for cutting trees without their permission.
3.take stay order from civil court against them.
Lawyer SALEEMA KABEER
(Expert) 26 June 2014
No doubt, in ordinary course, no one is legally authorized to enter into others property without consent of the owner.
If any one entered into your land and cut the tree without your consent or without following the legal procedures such as acquisition, definitely, the said act is illegal one.
Therefore, you are entitled to claim compensation from the said authority.
You can send demand legal notice to the authority concerned by claiming damages for the loss and injuries caused to you due to the illegal activities of their men.
If the notice is not favourably responded, you have to file civil suit for the same.
Besides the said civil proceedings, you can also initiate criminal proceedings against them.
Rajendra K Goyal
(Expert) 26 June 2014
You can initiate criminal and civil action for the action.
Adv Archana Deshmukh
(Expert) 26 June 2014
Give them a legal notice seeking compensation for the said illegal act of cutting of trees without permission, if it is not complied with then file a suit for compensation in the civil court.
Raj Kumar Makkad
(Expert) 26 June 2014
I do endorse the advice of Ld. Archana ji.
giridharan
(Querist) 01 July 2014
Thanks for the reply from Experts. On further enquiry, I understand that the Trees were cut by Power Grid Corporation for drawing H.T.Cables over my land and for this purpose they have cut the trees. Because of this the value of the land has also gone down as there may not takers for the land where the overhead cable passes through, which has a lot restriction for growing trees / or building. Thus I am put to heavy loss. I am advised by a few lawyers that I will not get any compensation for the diminution of land value, and Police is not entertaining such complaints and directing to approach courts only . My doubt is whether,there is any precedence that I can win my claim for this loss [ for trees as well as diminution of land value] by LITIGATING WITH A GOVERNMENT UNDERTAKING. I would seek the experts opinion whether I stand a chance in this scenario. Please help. Regards
V R SHROFF
(Expert) 01 July 2014
ISSUE NOTICE TO COMPENSATE YOUR LOSSES.. , AS RIGHTLY ADVISED BY Ld. Archana ji.
Raj Kumar Makkad
(Expert) 01 July 2014
You can definitely claim compensation by filing a civil suit. Serve the opposite party with the mandatory notice under section 80 of CPC first.
