About govt.land
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
we belong to scheduled cast,for that reason village grampanchayat give govt.land to our live hood for agriculture in the year 1973,by resoulution passed by panchyat body.and since last 38 years, we are farming on that land, but recently the Taulaka development officer and the new grampanchyat sarpanch,destroyed our crops and take possession the said land. they give reason that we are tresspasser. what we have any leagle remady.? we have already the copy of resolution,.
bhagwat patil
(Expert) 28 September 2011
Whose name is there on 7/12? If it is you then prosecute the sarpancha. If not to declair as trespasser is power of court not a grampanchayat. Dont worry you are well protected by law.
Sailesh Kumar Shah
(Expert) 28 September 2011
Can you tell that 'Agricultural land' where is situated ?
Sailesh Kumar Shah
(Expert) 28 September 2011
Can you tell that 'Agricultural land' where is situated ?
Raj Kumar Makkad
(Expert) 28 September 2011
Even if you are trespasser, Gram Panchayat or Tehsildar have got no power to destroy your sanding cops and dispossess you forcibly from the land which was under your possession by way of an old resolution.
You immediately go to concerned police station and lodge FIR under section 3(X)(iii) of The Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act failing which file a criminal complaint under section 200 Cr. PC with application under section 156 Cr. PC and you also file a civil suit for damages and restoration of your possession.
prabhakar singh
(Expert) 29 September 2011
Was the previous resolution sanctioned by the SDM concerned and a document called SANAD OF PATTA or lease issued and duly recorded in your favor and entries in record of rights continued to be maintained since then are certain things you should check for to establish your rights by a declaratory suit.
How ever it is clear that every where ,be it any state ,be it Gaon sabha or Panchayat,it can not eject even a trespasser,without adopting the due procedure established by law ,where it is required that a lekhpal should report the unauthorized occupation on basis of which
only ejectment proceedings can be initiated.
what has been done in your case is illegal,remedy for which has been suggested by Mr.Makkad.
But you need to inquire things in line i have suggested to protect your possession permanently.
Guest
(Expert) 02 October 2011
How come that the Sarpanch has awaken after 38 years of land allocation to say that you are trepasser? Destruction of crop by him is a criminal act on his part for which you must lodge a report with the police. Let him first prove that you are a tresspasser.
In the meanwhile keep at hand a copy of resolution passed by the Panchayat before 38 years for allotment of land to your family and also check with the mutation record of the Tehsildar, whether that land has been nutated in your favour or not.
