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np (np)     24 July 2023

Government kumki/haadi encroached and reduced access to my property

I have one property in rural area of Karnataka in home town. I am staying in town area which around 3 kms from my property in rural. This property in rural area is agriculture property(around 2 acres) which is ancestral property. Just beside this property there is huge government land which is spread across acres of acres (i.e around 7 acres).  We had only access to our agricultural property through this government land from many years may be around 50-60 years or more.  Slowly this government land is occupied(i.e encroached) illegally encroached by different persons around this rural limit and they started their home/agriculture/grown fruits/vegetables/flowers without any government consent from last 30 - 40 years or so, even they had put compound wall to their individual encroached lands.  No government official or department objected to this so far, Normally these government lands come under the category of Kumki/Haadi (we normally refer by this name in Karnataka as per land records in RTC), and I heard that these Kumki/Haadi sites are literally should be temporarily used by the adjacent agriculture properties owners. Even in our land record (RTC) we can see the survey number of this kumki/haadi land(i.e government land) survey number is mentioned.  

Now over period of the time around 30 years back(during my grandfathers time) this kumki/haadi land (which is adjacent to our ancestral property) is encroached by one of the family.  No one from our family (elders like grandfathers or my father or any one in famliy 30 years back) objected to this and situation remained so. Earlier (from last 30 years) we had wide access (i.e. entrance, around 15 feet) to enter our property through this government land. Now recently my father and grandfather and few elders in family members died and recently I paid surprise visit to our property  and to my surprise the same person is constructing a beautiful house in the same government land and he has reduced our access(i.e entrance) to our property (i.e now entrance around 6 feet wide) to our land.  When I discussed with encroached person, he is arguing with me and says he cant give 15 feet access through his land (note: it is actually government land, RTC still now in 2023 shows government land)  Now, my worries , what should I need to do ? First of all he is constructing very big and beautiful house in government land and second thing is he is denying access to our land. he had put red stones on government land which is wide across with 6 ft length and he says that he can give only 6 feet access to my property. I am asking atleast a 13 feet access where one big truck can enter in to my land through government land. but he is denying, threatening me and my family members.  

What are my actions here ? what I need to do to get 15 feet access to my land through this government land ? Worst case how can I stop his construction on government land ? will there be any issue(or threat to me) if I take action to stop his house construction ? 

Kindly guide me in detail how I need to approach this to solve the issue permanently. 



Learning

 4 Replies

Mr. Sumitra kumar (Advocate)     24 July 2023

@Querist,

 

What do you do and where do you live? Also kindly see my declaration give on my home page.

 

Thank you.

np (np)     24 July 2023

I didnot find any declaration. Could you please give me the link. I am not clear what you are trying to say here.

P. Venu (Advocate)     25 July 2023

Any meaningful suggestion requires that documents and perused and issues discussed.

np (np)     26 July 2023

What I described above is my scenario currently I am facing.  I donot have any document other than RTC documents.  What issue I facing is exactly described in detail above.

In short, scenario is given below : adjacent to my agriculture land there is government kumki/haadi land which is encroached by some local people.  I had access to my agriculture property through this government land. Now this encroached person is not ready to give me way atleast a truck passing widdth of 10 feet. Earlier I had access through this government land, now once he encroached government land he is denying me the entry.  Now what are my actions or options ? how to get minimum 5 meter access through  this encroached government land.?  whom or which organisation /department I need to approach to raise my voice.


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