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Harsha (engineer)     07 December 2022

Stop the survey on agricultural land

Hello Advocates,

I am writing from Karnataka. Need your advice in this.

There is a land bearing the survey number 10/(1-7) of a village in Karnataka. 

10/1 - measuring about 1.2 acre
10/2 - measuring about 5.20 acre
10/3 - measuting about 20 guntas
10/4 - measuring about 3 acres
10/5 - measuring about 4 guntas
10/6 - measuring about 27 guntas
10/7 - measuring about 20 guntas

Initially 10/2, 10/4 and 10/5 were all in same survey number 10/2, they got separated to a new phodi without properly conducting survey in 2016. The piece of land to the extent of
1 acre is disputed between owner 1 and owner 2 & High Court has granted stay order advicing owner 2 not to allinate the property or create third party interest and the case is still pending before High Court.
Meanwhile Owner 2 conducted a survey and got endorsement that there is a discrepancy in the boudnaries to the extennt of 20 guntas and filed a case in DDLR court. Owner 1 pursued the case and was successful in getting stay on the land bearing survey 10/2, 10/4 and 10/5, the case is still pending before DDLR court.
Owner 2 has purchased 10/7, 10/3 and 10/6 piece of land and wants to fix the boudnaries by applying an application before respective authortities. Owner 1 contention is when owner 2 clearly knows that there is a discrepancy of 20 guntas and he purposefully want to fix the boundaries to knock off the owner 1 property. Wanted the experts suggestion so as to how owner 1 can save the property from Onwer 2.

 



Learning

 1 Replies

S. Gupta (Legal Scholar)     23 December 2024

To protect Owner 1's property, they should continue to pursue the stay order in the DDLR court and ensure that the High Court's stay order is enforced. Additionally, Owner 1 should gather all relevant documents and evidence to prove the discrepancy in boundaries and present them in court. Consulting a legal expert to navigate the complexities of the case and to ensure that all legal procedures are followed is highly recommended. This will help in safeguarding the property from any unjust claims by Owner 2.


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