enjoyment of patta lands by dalit community
P.ESAKKIMUTHU
(Querist) 21 May 2010
This query is : Resolved
nearly 30 cents of patta land of a private party is enjoyed by a villagers of dalit community as burial ground for more than 40 years.There is no record to this effect,of course.Now the private party claimed the burial ground as his land and got it fenced and filed a civil suit to restrain entry of dalit villagers.The civil court did not grant ant stay so far.what is the legal position? whether the dalit villagers can claim the burial ground as a right of enjoyment.pl.give rulings if any in support thereof.What is to be done for claiming the burial ground for the dalit villagers.Of course, the dalit villagers are staging struggles urging the Collector to acquire the land for burial ground
Raj Kumar Makkad
(Expert) 21 May 2010
Right to property is not a constitutional right of a citizen of India so if State wants to acquire your land for the purpose of burial ground then it can definitely do giving your proper compensation.
So far as legal right of dalits is concerned, they have no right therein to enter in private land for burial purpose but you could not obtain stay order against their entry so social compulsions make force upon you to continue the age old practice till some more time means till the decision of court.
Someone can also put a question to you" where were you since last 40 years?"
P.ESAKKIMUTHU
(Querist) 21 May 2010
thank you for your response.I am not the affected land owner.I asked the query for the benefit of dalit villagers
Uma parameswaran
(Expert) 22 May 2010
You can claim adverse possession.The Adverse possessor needs to satisfy the requirements stated in the law. If there is no complaint by the neighbors or by the nearby residents also,you can claim .File a petition before Human Rights also.
