Can a house on navin parti land be demolished even afetr 15 years

gangesh (Querist) 11 March 2015 This query is : Resolved
Hi ,

One of my friend has made a house on land recorded as Navin Parti ( Gram sabha land) in Uttar pradesh.He is of upper caste and invested lots of money on house.the house was built 15 years ago.Now due to enemity one of his neighbour is threatening him to lodge a complaint at sdm office due to construction of house on navin parti land.

Is there any way to get this land converted in his name or Can he get patta /lease of the land?

becasue i have heard that navin parti land can be used for bulding houses etc and can also be alotted on patta.Is there any risk of demolition of his house if complaint is lodged?

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Dr J C Vashista (Expert) 11 March 2015
Was there any objection from any of the neighbour or authorities when your friend constructed the house on gram sabha land?Upper/lower caste and investment in its construction do not change the status of property vis-a-vis title of the property involved therein.
Consult a local lawyer.

P. Venu (Expert) 11 March 2015
How did your friend come in possession of the land?

Guest (Expert) 11 March 2015
Threat of demolition of illegal construction always looms large, if not got regulated or compounded as per the laws of local authority. Better check with the gram panchayat, municipality under whose jurisdiction the land is situated and get the construction regulated accordingly.

ajay sethi (Expert) 11 March 2015
your construction is illegal . you are not the owner of said land . it can always be demolished by authorities

Rajendra K Goyal (Expert) 11 March 2015
Agree with the expert ajay sethi.

gangesh (Querist) 11 March 2015
Is 15 years of construction is not sufficient ?

Guest (Expert) 11 March 2015
15 years of illegal construction does not bestow any legal right to own the land of any body else.

If you have built your house on the plot of someone else 20 years ago and enjoying rent free accommodation in the absence or the knowledge of the owner of the land that does not mean that you have become the rightful legal owner of that land.

gangesh (Querist) 11 March 2015
There was no objection raised by anyone at the time of construction of home. The above land was situated near another land which was owned by him.So he thought that navin parti land can be considered as his abadi and he built the house on that.

Does Navin Parti land have same importance as other land(like khalihan,banjar etc) in the view of gram sabha ?Whats the procedure to get patta of this land?

T. Kalaiselvan, Advocate (Expert) 12 March 2015
Basically the land does not belongs to him hence legalising the issue in the name of long term occupancy cannot be acceptable in law. However since he had been living there continuously for more than 15 years, he can give a representation to the revenue department to issue him with a patta for the land in his possession after which he can apply for regularisation of the building constructed on it.

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