Property encroachment by building a private owned dam across a section of the lake
edgar sylva
(Querist) 14 December 2014
This query is : Resolved
Years ago I bought some agricultural land along the periphery of the Warasgaon Lake near Pune and had it registered etc in accordance with law.
For years I did not think much of it but sometime ago as I was drafting out my Will I realised that this land too was my asset and should be included in my Will.
My children goaded me to make a trip to the property and to the local land revenue office too so I did so.
I was surprised to observe that the Lavasa people had built a dam slightly away from my property and due to this dam the level in the lake by way of my property had risen at least by 2 mtrs and quite a large portion of my property was under water.
I further ascertained from the revenue people that they were under the impression that I was part of Lavasa and hence had not complained of the acts of this Lavasa Corporation (they have given the impression to everyone that the entire periphery of the lake belongs to them and hence they could build the private dam across the lake).
I have all the update records with me which shows that even the adjacent property was purchased by Lavasa from the earlier owner sometime around 2005.
What action can I take against this huge corporation who has so much of political backing to safeguard my property which I think is now a very valuable piece of property.
Will they be able to blackmail me into selling for a song by preventing access to me- plans with me show that there is a village road abutting my property.
Should I use the RTI route to get at them since they have been granted a lot of facilities by the Govt to make Lavasa into a "new city"
Devajyoti Barman
(Expert) 14 December 2014
The title deed of yours should have clause regarding the things which the Corporation officials had verbally told you.
Lot of relevant requires to be seen to advise more properly but in any event writ petition lies in high court against act of encroachment of your land by eising level of water.
ajay sethi
(Expert) 14 December 2014
1) you cannot be black mailed to sell your property for song .
2) you have right to access the village road abutting your property .
3) use RTI application to find whether plans have been sanctioned to build a dam . obtain lay out plans of the dam
4) ascertain whether village road is included in area of dam
5) file WP in HC against lavasa corporation and local authorities .
Rajendra K Goyal
(Expert) 14 December 2014
Well advised, agree with the expert ajay sethi.
malipeddi jaggarao
(Expert) 16 December 2014
Initially have a dialogue with concerned officials of Corporation and bring out the irregularity. You can take course of action depending upon their response.
T. Kalaiselvan, Advocate
(Expert) 16 December 2014
Nobody will listen to your pathetic appeals and all ears of authority will become deaf to your calls. It is better to send a legal notice for the record purpose showing you have approached them and exhausted the remedies available at that source and proceed with the writ petition. Before that gather all the relevant information build up your case through RTI.
