Illegal construction of home on my agricultural land
B@75BHAIBABU
(Querist) 11 July 2012
This query is : Resolved
Author : bratin
Posted 2 minutes ago
i have 5 bigha of agricultural landwhich is recorded under westbengal land reforms act.under this act the bargadar or farmer has the right to cultivate land of landlord and has to share 25%of produce but he cant construct his house over that land thereby changing nature of land.now in my land farmer has illegaly constructed house without informing me.i have been told to lodge fir in policestation.under which specific sections of ipc and other acts the said farmer can be booked.
i shall remain obliged
adv. rajeev ( rajoo )
(Expert) 12 July 2012
It is not a criminal nature case, you have to file suit for mandatory injunction to remove the encroachment.
ashutosh mishra
(Expert) 12 July 2012
Only FIR shall not serve the purpose you need to file a law suit of injunction for demolition of illegally constructed house and possession and also a perpetual restrain order for not doing any other illegal activity in future for which you are advised to visit the chamber of a local lawyer along with your title papers and a sketch site plan of the illegal constructions;reliefs suggested are of equitable nature hence any more delay should be avoided.
V R SHROFF
(Expert) 12 July 2012
In addition of above expert advise, I add:
Complain to Local Municipal / Panchyat Body, for demolition of illegal construction. it is done without obtaining N.A. Permission, Oc CC, etc. and liable to be demolished.
Also try evict him, as he used land for purpose other that agriculture in violation of law/ terms.
