Land acquisition
skn
(Querist) 07 July 2013
This query is : Resolved
Dear Sirs,
In our village govt. has sanctioned a drinking water tank,however the work contractor and the concerned site engineer had constructed the tank in agricultural cultivated land with consent of that farmer. We objected stating that we have public land (space) in our village and in spite of that they have constructed it in agricultural land saying it is suitable place to supply water, we are worried that the farmer may trouble us in future by utilizing the water for own purpose as the title of the land will remain on his name. Neither the land is acquired nor purchased by govt.
Is there any way of gift deed or "Dan patra"
This case is of village in Belgaum dist. in Karnataka.
Please advise
Regards,
SKN
ajay sethi
(Expert) 07 July 2013
if the farmer has no objection to use of his land for construction of drinking water tank for benefit of the villagers what is your problem ? if he refuses to permit the villagers to use the tank water you can complain to goverment as public money has been used for said purpose
skn
(Querist) 07 July 2013
Sir thanks,
Farmer has given a consent verbally, based on it the tank has been constructed by engineer. However the land is owned jointly by 6 family members. This is a matter of village and we are not sure whether their heirs will abide this verbal commitment in future. Generally in villages small cause can be reason for fight and we worry that this farmer may put us in trouble in future. Can this be done on paper and by which way? Secondly, can public water tank constricted on private land without any proper paper? What are the ways?
Pl. advise.
Regards,
SKN
ajay sethi
(Expert) 07 July 2013
there must be a village panchayat . in the panchayat resolution can be passed thanking the villager for offering his land for construction of drinking watter tank and offering to make it available to all villagers without any discrimination of caste , creed . the said resolution should be passed in presence of the said villager . if possible obtain a letter from said villager thataccess will be allowed at all time for the villagers
Advocate Ravinder
(Expert) 07 July 2013
Once the farmer accepts to construct water tank in his land, an MOU/understand will be enetered between the Govt and the farmer and it will be registered in the records of the government. Then it will become the public property. Hence, there is no worry that the farmer may use the tank for his personnal use.
skn
(Querist) 07 July 2013
Sir agree on Village Panchayat.
Even though the Panchayat passes a resolution the land ownership will remain with that farmer.
Just to ensure in future none of the joint owner should go to court or to threaten us to no to supply water as the land title is them and not with village panchayat,is there any way to make the title in the name of govt like in the case of acquisition.
Our concern is: In spite of having the land in govt. area (village) engineer and the concerned farmer has relocated the place.
Regards,
SKN
skn
(Querist) 07 July 2013
Sirs Thanks.
Rajendra K Goyal
(Expert) 07 July 2013
You can lodge complaint to the distt. authorities for this irregularity and request Goernment to proceed for acquiring the said portion of land.
R.K Nanda
(Expert) 07 July 2013
nothing to add.
skn
(Querist) 11 July 2013
Sirs, Thanks and have started the movement to request the Dist. authority to acquire the required land.
Thanks a lot for your valuable advices.
SKN
