Encroachment on government land
ornate
(Querist) 01 November 2012
This query is : Resolved
Respected All,
Hope u all fine, My query is related to our 22 acer waste land we r Raajput of Gujarat's District here in our 22 acer land call from Government name we have old forms no-7 and forms no-1 we has been possessed the land. some people encroachment illegally on the land he has no any Authorities order or any City serve record. they are just possessed the Government land we need get back our Land on our name and evict the other's possession. Give me the proper way to fight again's the Government and other
1. Right now forms no-7 call from Government since 1961.
2. we has been possessed the land since 10 year.
3. 18 acer land is open and 4 acer land in possession of other
your Faithfully
Junior Advocate
Arjunsinh Raana
PARDEEP KUMAR
(Expert) 02 November 2012
Dear Arjun,
Please don't mind, but the query is contradictory in itself, in case you are in possession of the land, then what is the problem, See for Government land the right of ownership by virtue of adverse possession accrue after 30 years and for private land it is 20 years, however, this do not apply to rented properties,as Hon'ble Apex Court has held 'once a tenant, always a tenant or say a tenant cannot become owner by virtue of adverse possession. Our respected colleagues would be able to respond to your query, if you make it precise and in clear terms.
basavaraj shiromani
(Expert) 03 November 2012
Dear Friend,
The land in question, how you came in possession of the land is important. If the land is granted in your favour or if you are the tenant by virtue of form No: 7, then you have to observe that what is the result of form No:7. If you declared as tenant of the said land, afterward, whether you have followed the procedure and conditions imposed at the time of grandinting the land is also equally important. If you are in possession of the said land for more than 12 years, then you can seek adverse possession it is a separate remedy. So please contact your local senior advocate for the proper remedy because details of your case is required.
