• Agriculture path

Hi sir,
          I have filed a pettion under Punjab Land Revenue act 1887 under section 150 (1) in DC's court. I have already told that I am using the path owned by two other parties since 35/40 year. Now DC's in his return letter ask me to produce a order/Decree passed by any court under section 150(2) so that the encroachment may be tackled by enforcing this order of court. Now provide me a such copy of judgement in this context or provide me a relevant legal advise.
Asked 2 years ago in Property Law from Sirsa, Haryana
Religion: Sikh
150. PREVENTION OF ENCROACHMENT ON COMMON LANDS- (1) Where land which
has been reserved for the common purposes of the co-sharers therein has been encroached on by
any co-sharer, a Revenue Officer may, on the application of any other co-sharer, eject the
encroaching co-sharer from the land, and by order proclaimed in manner mentioned in Section 22,
forbid repetition of the encroachment.
2) The proceedings of Revenue Officer under sub-section (1) shall be subject to.- any decree
or order which may be subsequently passed by any Court
of competent jurisdiction .


2) under section 150 Revenue  officer has full powers to remove encroachments by co sharer  on common lands . it only provides that any such order passed by RO shall be subject to orders passed by court in case any co sharer moves court to challenge order passed by RO 

3) the wordings of section is clear . what RO is seeking to do in your case is asking you to move court and obtain orders for removal of encroachments . if any such order is passed RO will execute the court order

4) unable to find any judgements 

Ajay Sethi
Advocate, Mumbai
27116 Answers
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1) The general principles governing the rights of the co-owners in the common land are no longer in dispute. Where land is held in common by several persons, one co-sharer is entitled in law to cultivate any portion of the joint land, and the other co-owners have no right to object to his cultivation of the land so long as the common land is used for legitimate purposes and is not prejudicial to the eights of the other co-owners, and the exclusive possession of the said co-owner does not amount to ouster of the other co-owners, their remedy being confined to only compensation for the exclusive use of the joint land according to their shares.

2) under section 150 of punjab land revenue act if one co owner encroaches on land reserved for common purposes encroachment can be removed by obtaining order of RO 
Ajay Sethi
Advocate, Mumbai
27116 Answers
1469 Consultations
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1. How can we provide you a judgment? What the DC has asked you is to furnish a judgment from the court specifically passed in your favour. 

2.  If your land or land which was being used by you has been encroached then the legal recourse available to you is to file a case for removal of encroachment in the court. The DC has no authority to order the removal of encroachment. You have to knock at the doors of the civil court. 

Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
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1. If you have been using the encroached land for 35/40 years then being a co-sharer is not essential to initiate the action for encroachment. 

2. The fact that you have been using the land for the past 35 years entitles you to further use and also to maintain action for the removal of all obstacles.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
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1. Has the DC  asked you  produce a order/Decree passed by any court under section 150(2) in your favour?

2. If yes, then you shall have to submit that you have not yet applied for the relief under the said section before any Court and the fact is that you have been using the path for 35/40 years.
Krishna Kishore Ganguly
Advocate, Kolkata
13528 Answers
291 Consultations
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1. Co-sharer means he who shares a property or an utility alongwith others,

2. You are the co-sharerer of the Utility or co-user of the path.
Krishna Kishore Ganguly
Advocate, Kolkata
13528 Answers
291 Consultations
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