Illega land capture
Hira lal kumar
(Querist) 30 October 2016
This query is : Resolved
a road passes between my land and another person. The road was not used properly as it was not built in proper way. The other person made their house and gradully enterd to my land. Now the road is clear and is used by other side of their land. what should i do to get my land free.
Dr J C Vashista
(Expert) 30 October 2016
Take a copy of fard girdawari of your land from village patwari and file a suit for declaration, permanent and mandatory injunction after seeking consultancy from a local lawyer.
Kumar Doab
(Expert) 30 October 2016
You can benefit from the advise of Expert Dr J C Vashista.
Kumar Doab
(Expert) 30 October 2016
You may clarify.
If the road is accessible from their land without encroaching your land,then they can.
If the road is accessed from their land by encroaching your land, then you may act as advised by Expert Dr J C Vashista.
P. Venu
(Expert) 30 October 2016
Only the action in a civil court can provide you the remedy.
Guest
(Expert) 31 October 2016
First, try to get the old land record , survey sheet to find the proper boundary of land in the record.
If the measurement is done that measurement extract too you need to find from land record department. (Please note land record department is locally called by different name as per local usage from state to state or region)
Don't jump for making measurement now when dispute is there it will lead to complication first get old record , this record you get by paying certified copy fees , if not available then under RTI .
Once you collect this document then you need to collect all land records of all land including that road, Please note road also have some survey no. generally and on that survey no. Local Govt/State govt is shown owner.
That record also you require additionally that other person plot details also you collect.
If in Maharashtra I can guide you else I have reached my limitation here kindly contact local land revenue adv. with all documents mentioned above.
Dr J C Vashista
(Expert) 31 October 2016
I am unable to follow the advise of Ms. Madhu but unable to say whether the author has followed and understood her opinion or he is also sailing in the same boat, where I am.
If Ms. Madhu is trying to solicit Maharashtra clientage for promotion of her profession (if she is a practicing lawyer, which she did not mention in her profile), through this site, it would be appropriate to leave this platform as it is a "social service" to needy litigants, as per rules of the site.
Guest
(Expert) 31 October 2016
Sir ,
I read my reply but I felt I wrote clearly , how to get correct documents before moving to next step and concluding.
If Maharashtra this question I asked because
1) If all are un-alienated land then provision under Maharashtra Land Revenue Code too can be used and there can be a fast result.
2) If some are alienated land and some are unalienated land then need to think properly
3) Who is the owner of road land that has to be considered .
4) Whether land belongs to state govt or local govt now. So decision can be taken properly with all available option and fastest option has to be selected .
5) In Illegal construction or encroachment matter violation is not of one specific act , if you see from multiple perspective violation is of many acts , and looking from various acts how fastest result person can get it should be thought and then permanent solution should be achieved this is my opinion.
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Regarding my question of raising Maharashtra many times is that I only studied Maharashtra Laws , I have not studied other state laws, when I have not studied other state laws when I ans. I am bound to make mistake surely.
And this problem takes place in the subject related to Concurrent list of Schedule 7 a lot.
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Other queries raised I prefer to ans. in messages not in public forum
Rajendra K Goyal
(Expert) 31 October 2016
Show all record to local lawyer and discuss in detail.
Kumar Doab
(Expert) 31 October 2016
Your able counsel can guide you in detail.
