Dear Lawyers,
Need your suggestion and guidance.
We have a land which was purchased back in 1994. Originally it was granted by Government to persona A who belongs to SC category. A sold it to B and then B sold i it to C who is me now. Now, we wanted to fix the boundary and as such we had appealed to survey department. Upon verification by surveyor, it was noticed that my land is overlapping with my neighbour's land say D this is also granted land and his land is overlapping with his neighbour land say E. D's land is yet to be done with PODI done. According to him, he was originally granted with 4 acres of land but in reality he got only 3 and half acres or so in his enjoyment. If D we minus D's overlapping land, the E's land will reduce to less than 3 acre. Since E is not ready to leave the overlapping land of D, the D is not ready to leave our overlapping land. Thus the surveyor advised us to consult District deputy land recorder (DDLR)to seek solution on this. Upon consulting the DDLR, he says since it was granted land he cannot forcefully fix boundary to our land which is overlapping with our neighbour land. He says we all three have to mutually agree and take a decision which is not possible because E will further lose his land further. Otherwise, according to him we have to go for our land's existing PODI cancellation by filing case, Revision 56 appeal, in Deputy Commissioner’s court making our neighbours as respondents. I think after this, they will fix boundaries to only our enjoyment land what we are currently in position and then correct their record. This will surely reduce our land size to 75% of original 1 acre as per the grant but make our records perfect.
Now, the ask is;
1. Is the cancellation and go far Re-PODI is the only option? If not, what other solutions available to gain my land back to 1 acre original?
2. Given that this is originally granted to SC(I think it falls in 79A and & 79B), is there any possibility that the DC/any other Govt. authority will question this when we approach Court?
Final Note, the original land owner to whom the land was granted to and his family is no more expect his only one son who is also in the edge of life since he is suffering from severe illnesses.
