• Land encroachment of agricultural land

Dear sir,

 I have 1 acer land ,after government land measurement found that 7 guntha encroachment is there so after 5 month side land person also put land measurement resulted the same report. 
 Now he is not relising the encroach land. 

Need support
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Ask neighbour to vacate portion of land in his possession

2) if he refuses file suit to direct neighbour to vacate portion of land in his possession

3) also file police complaint of criminal trespass against your neighbour

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your question is not soo clear

However whatever I can understand from your question since a private person has encroached your land, you need to file a civil case against him asap

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Please send brief fact .

Rameshwar Dadhe
Advocate, Aurangabad
34 Answers

If Police refuses to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct Police to investigate abd submit report

2) it is true civil suits take years to be disposed of but you have no other option

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Go to the civil court against the encroachers for deciding land bounders . Calculating your land .If it solve amaicably please try it

Rameshwar Dadhe
Advocate, Aurangabad
34 Answers

You have file a suit for possession of encroached area and it will decreed in your favour. A relevant decision of Bombay High Court is available on the net. The gist and its title is reproduced below:

Bombay High Court

Rajendra S/O Sheshrao Shendge vs Shobhatai W/O Shrirao Ravate

The plaintiff in the present suit has sought decree for removal of encroachment and possession of suit property which is an agricultural land. It is submitted that the Mamlatdars Court Act, which is special matter in the suit.

The present suit is admittedly filed. The present suit is admittedly filed under common law. The issue involved in the suit is within exclusive jurisdiction of Mamlatdar's Court Act this Hon'ble Court had no jurisdiction to try and adjudicate the suit.

The Court cannot forget the wide compass of Section 9 of Civil Procedure Code. Exclusion and bar of jurisdiction cannot be read or inferred just for the sake of asking in the manner in which present petitioner wants. Existence of jurisdiction has to be presumed and not the bar.

The manner and persuasion with which the petition has been pressed reveals an attempt to oust the plaintiff at the very threshold. This effort reveals to be an exercise of vexatious nature than effort of urging a legally available plea. The ingenuity has been used to delay the proceedings and consequently to enjoy the encroached land.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

You will have to go to the civil court for getting the possession of the land and file a suit for possession.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Also you are right when you say that the suit might take years to decide, but in netween you may ask the court to pass an order that no third party right is created.

Since government land measurement ia in your favor, therefore you have a good case to file and get interim relief.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Approach the Court to get the encroachers dispossessed from your land.

Seek interim relief that they be restrained from changing the status quo of the enroached land.

Also, get a FIR lodged against the encroachers. If the police doesn't listens to you, file a private complaint before the Magistrate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

File a case under land encroachment act and be settled so soon

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

such cases really last 20 years. however you have no other other then approaching court. you may also file fir against the encroachment and if police do not register it you can directly move to the magistrate court for getting the complain register

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

1. IN these circumstances you should file a suit for recovery of possession and permanent injunction against him to recover the possession of your land.

2. Also a criminal case for the offence of criminal trespass should be filed against him. If police does not register the FIR then file a complaint case under Section 156(3) CrPC whereupon the court can direct the police to register the FIR.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can file a suit for possession and mandatory injunction against the neighbor.

You can file an application before court along with the suit seeking to appoint a commissioner to inspect and confirm the encroachment in the suit property with the help of a local surveyor.

Police complaint may not be very effective.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The neighbours is saying go to court he know it will take more than 20 years

Also police will not do anything to him as he is having political support

The court case will not 20 years or anything as he terrorise you.

The court's verdict will be passed within two to three years.

You can go to court immediately.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer