Regularisation of encroachment land
RK
(Querist) 31 August 2014
This query is : Resolved
Dear Sirs, Good evening!
My father came to Andaman in the year 1956-57 and Encroached a piece of land Sy No. 45 Area 523 Sq Mtrs which was a (Govt's. land).
whereas, occupant of Sy No. 46 was filed a case against my father in the year 1973 before the Revenue court of Tehsildar alleging that my father was illegally and unauthorisedly encroached an area of 217 sq mtrs in SY No. 46. The Tehsildar settled the matter in 1974.
Again occupant of Sy No. 46 filed a civil suit in 1987 against my father in the Civil judge (Senior Division) for an area of 117 Sq Mtrs, the claim was dismissed for default in the year 2000 (after 13 years).
The revenue dept. regularized an area 200 Sq mtrs only out of 523 Sq mtrs as pre- 1978 regularization in 1998 in fact the revenue dept had to regularise the entire 523 sq mtrs land instead of 200 Sq Mtrs.
my father was expired in 2003. Now, we are two brothers. the regularised landed area 200 sq mtrs. mutated in my brother name after my father's death. Now I am a family man and have no land in my name.
My question is, as the civil suit was dismissed in 2000. Can we regularise the remaining area of 323 sq mtrs now as pre- 1978 regularization.
Kindly suggest me in this regard Please,
Hoping for positive advise
Thanks in Advance
Devajyoti Barman
(Expert) 31 August 2014
You can apply for regulairsation of the rest area.
The local law will determine the possibility of the same.
Dr J C Vashista
(Expert) 01 September 2014
Contact and consult a local lawyer, the encroachment itself, prima facie, illegal. However, if the same has been decided in favour of your deceased father (by tehsildar as well civil court), you can get the remaining land regularised in your favour (based on the ratio of judgments of the authorities/Civil Court)
Rajendra K Goyal
(Expert) 01 September 2014
Consult a local lawyer and show him all the documents.
malipeddi jaggarao
(Expert) 01 September 2014
Consult a local lawyer as advised by experts.
T. Kalaiselvan, Advocate
(Expert) 05 September 2014
On he basis of previous regularisation, you can apply for regularisation of this too and get mutated on your name, take the help of a local lawyer and proceed.
