Right
hage nibo
(Querist) 13 May 2014
This query is : Resolved
Dear sirs,
My father occupied a plot of land measuring about 5000 sq.metres within community land way back in 1968. The land was then a grazing field. No villagers settle there although it has been declared a village by the govt. except a family and our. Since then we have been living peacefully till 2 days before yesterday that whole the villagers evicted our land by declaring it to be community land. My father died last year. Land possession certificate issued by District Magistrate is in his name. But land possession certificate doesn't confer right over the land. It simply means that we are in possession of the land.
I was born there too. Now my question is by which legal provision shall I claim right over the land? kindly help. By virtue of permanent settlement? or By virtue of birth? or limitation period has anything to do ??? If possible kindly provide me a ruling by courts. Thanking you all.
P. Venu
(Expert) 13 May 2014
You may approach a civil court against unauthorized eviction. However, please note that, prima facie, you do not have a strong case. It is open to competent authority to take back the community land in accordance with law.
Rajendra K Goyal
(Expert) 13 May 2014
The land is community land, you have no right of ownership on it. However, it is being evicted by villagers without having proper orders of competent authority, move court against it.
Devajyoti Barman
(Expert) 13 May 2014
File a case u/s 6 of the Specific Performance Act for forceful dispossession.
It is a expeditious and efficacious remedy against forceful dispossession and must be done within 6 months from the date of forceful dispossession.
ajay sethi
(Expert) 13 May 2014
repeated query no reply
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
I agree with the views of expert Mr.Barman, thus if immediate relief is required act swiftly as per his advise.
