My name is Pankaj Dubey a resident of a village in varanasi. As the population growing day by day people are trying to occupy lands which is anyhow related to governments and left abandoned, as part of this many in my village has occupied lands which was either related to Gram samaj (G.S.) or compost pit. same way few dabang tried to take illegal possession on a compost pit which was very close to my house and we didn't want them to stay around my house as they are very abusive and unmannerly persons, we paid them off (no documentation) to leave that and we made a brick hut on that place but now they went to authority and complained with source. The very next day Kanungo and police came there to demolish while we asked them to give us some time (5 days they gave). we have spend almost 3 lacks till now on that property and very disturbed by this. we are left with 4 days only and dont know what to do in this case.
secondly, now we have spent lots of money on that land then how to take legal possession with proper documents
Thanking in advance,
Asked in Property Law from Varanasi, Uttar Pradesh
1) compost pit forms part of common land of village
2) you cannot carry on any construction on said land
3) if you have done so cops can demolish illegal construction
4) merely because you have spent Rs 3 lakhs on said land does not give you ownership rights on said land
5) you wont get legal possession of land
1. it was folly on your part to pay price for the govt. land.
2. Instead of giving money to them you could have lodged complaint to the govt. authority the wa they have done against you. Atleast you could have saved your money.
3. Since you paid expenses out of your own will , you could not be compensated for taking possession of govt. land.
4. Forget this as a bad dream.
Ajay, can we take stay order on that property? so that the demolish can be stayed for a while and we know that no one will make any issue after local election (3-4 months).
we didnt know the difference between Gram Samaj (G.S.) land and compost pit land and thought that if so many has already occupied GS land then even we can do the same for compost pit specially because that was left abandoned since after chakbandi in 80s. but now we came to know that the category of both are different.
Devajoyti, we thought of lodging complaint against them but they are very powerfull, rich and rowdy.They were involved in 2 murders out of 1 was brutal murder case. and in once case even their family didnt lodge the complaint against them so you can imagine their sources that was the reason we dropped that idea.
Asked 2 years ago
1) you wont get stay . compost pit forms part of common land of village . you have encroached on said land
2) you can try your luck if you so desire .
3) even if you get a stay ultimately stay would be vacated .
1. It was wrong in the first place to pay them as a quid pro quo for leaving that place when there was no legal relationship between both of you.
2. They also illegally tried to grab the government land and you also did a similar thing.
3. It is immaterial whether you have spent lakhs or crores in construction if the land on which the construction is made is not owned by you.
You have no right to seek a stay order from the court as the land is not owned by you.
1. The land does not belong to you, so you can not claim its ownership legally,
2. The ground that you have occupied the said land because others are also occupying land in the same fashion, may not been acceptable by the Court of law,
3. However, you can not be evicted from your illegally pccopied land without due process of law,
4. Was there any demolistion order issued by the local Panchayat/Municipality/DM?
5. If not then immediately file an application for staying the demolition attempt on your property.
1. Police can not demolish your occupied property without any order either from the Court or from appropriate authority,
2. Find out under whose written order they had come to demolish your occupied property,
3. If there is no such written order, file a petition for stay of their illegal action,
4. If there is a written order to demolish your said property, challenge the said order and pray for s atay order till your suit challenging the said demolision order is disposed of.