• Encroachment and illegal construction

Sir,
    My name is Rajendra S Mandre, during 1995 with the advice of my Brother-in-law, I have purchased 30'*40' (feet) site at Andhrahalli village, Herohalli Panchayath, Yeshwantpur Hobli, Bangalore North taluk. That time the site was in GramThana . The layout was formed by GPA holder and land belongs to one Mr. Narayanappa who gave GPA to one Mr. Mani by taking full consideration value from him to form layout and sell the sites to whomever he wants ( Land lord has given Affidavit on stamp paper saying He received full payment from GPA holder and he is free to make sites and sell to the persons he wish ) The area was very poor in Development and Infrastructure. I and my Brother-in-law planned to do something on the site. During 2007-08, Government of Karnataka added some villages around Bangalore into the Bangalore Municipal Corporation and called it Bruhat Bangalore Mahanagar Palike. At the  same period we went to see the Status of our sites, to our rude shock some people were digging the the earth on our sites, when Questioned they they gave evasive answers and said they are obeying the orders of their Bosses, they don't know anything else. Next day when we visited again along with our Documents some local Goondas and some local political party workers Threatened us with dire-consequence. within four-five months they have constructed a big INDUSTRIAL factory on that, our sites were also encroached upon and constructed the the big Industrial shed, Police did nothing even to our Complaint. Now since 2010 the industry is manufacturing cables and not listening to us.
       Sir , basically we belong to North Karnataka (Hubli-Dharwad) and it was very difficult to visit often to Bangalore, Now we are in trouble and when we enquired some people there, they said The original Landlord Mr. Narayanappa and his Sons along with some local goondas and political people sold his balance Share of land to a North Indian Businessman. The businessman with the help of these people Encroached our sites also. Now the businessman who purchased the land and constructed a Industrial Shed is Died and now his wife got transfered everything in her name when we approached the lady, she said don't know anything and she is running the factory started by her Husband and she is not ready to listen to our grievances. Now we learnt about you from another Brother-in-law and approaching for the legal Advice, Kindly help us in our future course of action.
Asked 2 years ago in Property Law from Hubli-Dharwad ( now in Bangalore with Job), Karnataka
was GPA given By Narayanappa in favour of Mr mani duly registered? is your agreement for purchase of land duly registered?   if so file suit for declaration that you are owner of 30 *40 feet site . and for demolition of unauthorized construction made in your site . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
If GPA given by Narayanappa in favour of Mani is registered in accordance with law then latter had the authority to sell the land to you. Furthermore, if the agreement you made for purchase of property is also registered then you are the exclusive owner of the land in terms of the agreement as the ownership transferred to you the moment the agreement was registered in accordance with law.

Why did you remain silent all these years? Knowing that you had assumed ownership of this land you could have moved a court of law and obtained a stay order against possession of your land by these people. Irrespective of the political clout wielded by these people the court would have adjudicated the dispute on merits and protected your rights. Had a stay order been passed by court the misdemeanor would have been nipped in bud at that point itself. However, this is an opportunity gone now. The failure to bring a legal action against these criminals for so long might have given to them an opportunity to not only forge a registry of land in their favour, but has additionally endowed them with ample legal defences which they make take in their favour to oust your proprietary rights in the event you go to court now.

As you have illegally been deprived of your land you should now without any further delay file a case for affirmation of your ownership rights in the land and also for demolition of structures illegally raised thereon.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
file a suit for declaration and possesion
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
This is common practice here. If the land is vacant and owners are away, land sharks take the procession and mint money.  

There is no use going and requesting the present occupant. they are not going to return the procession to you.  You have to approach the jurisdictional court with all the title documents and seek for declaration that you are the lawful owner of the property. Once you are declared lawful owner you can claim the procession. Litigation is long drawn process. During the pendency of the Declaration Suit, present owner may approach you with settlement offer. At that time you can settle with them if the offer is attractive.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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