Survey commission
Ganapati Mysore
(Querist) 13 February 2012
This query is : Resolved
Dear Lawyers,
Our neighbor guy encroached our land and constructed the building. We filed a civil suit for mandatory injunction, and he filed objection. Court Commissioner has inspected the place. We had requested court to for govt. survey (Survey Commission) so that we can provide evidence from survey commission that how much has been encroched. But court rejected our application and gave order to continue the case without survey at this time. Our lawyer is telling that we need to go to high court to get permission for survey. Our suit it as ISSUE stage now. Should we go for evidence stage without survey commission now and later can we request survey commission again, or do we really need to high court now.
Please advise me at what stage we can request for survey commission to prove the encroachment.
Thanks in advance,
Ganapati
Devajyoti Barman
(Expert) 13 February 2012
To determine boundary dispute as regards its measurement , the surveyor needs to be appointed to measure the respective boundaries.
However that does not mean that only the Govt survyor is required to be appointed for carrying out this job. A court appointed advocate-commisssioner is equally competent to do this job.
So if the court goes for advocate commissioner then accept it or else challenge the order in the Revisional Court.
Arvind Singh Chauhan
(Expert) 13 February 2012
I think you should apply for commission during evidence stage again.
Raj Kumar Makkad
(Expert) 13 February 2012
Local commission and local surveyor are two different things. The advice of barman is regarding local commission which generally advocate is appointed but you require local surveyor. It is your duty o get it done through revenue authorities. Though court is also competent to do so but once it declined your application, you have no option but to file its revision before High Court by way of a writ.
You also need to amend you suit accordingly.
M/s. Y-not legal services
(Expert) 13 February 2012
am agree with makkad sir..
an advocate commissioner can visit the suit property., but can not prove the encroachment..
so file a petition for appointing advocate commissioner along with a surveyor who having the revenue records..
in your case., why the trial court dismissed your petition for appointing surveyor? its should be cleared by you.. because you, the petitioner only going to pay the remuneration to the commissioner as well as to the surveyor.. then what?
-tom-
sanjeev murthy desai
(Expert) 13 February 2012
If your application is rejected how court commissioner inspected your place?
Survey records always indicates the boundaries and location and shape of the subject property. Such records are enough to proves the enchrochment. However without having survey records you cannot assumes that there is enchrochment from some one. Just get the photographs of the enchrochment and produce before the court.
Ganapati Mysore
(Querist) 14 February 2012
Thanks for giving the suggestion.
