How can I solve the land disputes
I am Subhankar Mondal. My address is Village-Debipur, PO-Kundarali, PS-Baruipur, and Dist –South 24 Paraganas. West Bengal-743610. With due respect I would like to inform that due to my work purpose I bound to stay outstation. My old age parents are staying at home they are on their seventies. My father is a Retired school teacher and mother housewife.
From my childhood I know that our area (Kundarali) has a land dispute. And several land survey happened by local surveyor (Amin) for so many times (at least 17 times) for the land including my land (our residential house also their). Each time there we found different different solution. Several times my area comes under my neighbour’s area or vies verse. Its increases local tension. Basically we are non political. Actually what happening each time if my area comes in their place, they are fights with us and not agrees to leave land and if their area comes in our land they puts pegs their and increase their area in our land and they make a boundary wall. Till date we could not able to protest because my father very introvert type person and not so talkative and afraid from such kind of clash as these people are basically rowdy type. Till date its continues like this.
Other things that two roads coming beside my house one east side another south side. 3-4 times the east side road widens and the widening happens only our side because these rowdy people staying other side.
During 1st time of widening due to political pressure we removed our boundary and open space for widening purpose but its not happens other side.
Very recently what happened, that east side village road development process started its converting to bituminous road from a brick road under of gram sadak yojna. But this time also its widen in our side not the other side its broken our wooden fencing and that rowdy people threatens my parents that our house is a illegal structure and its comes on road and the district magistrate of South 24 paraganas is her friend. Just one phone call and she can destroy our house. If my parents try to make any fencing or boundary wall. She will destroy our house.. this comment made by Miss Depa Bhattacharya. There are 3-4 people also with her ..these are Her uncle Mr Khokan Bhattacharya, Her 2 brothers Babla & chottu (don’t know actual name), and our back side land owner Mr Partha Naskar and his son.
They torturing my parents in several way by pour their coal factory (Paratha naskar has a gul / coal factory) polluted water in to our pond. Throwing rotten rats in our land, throwing stones in evening targeting our glass window (it’s happened several times). We several time did the land survey with the help of gram panchayat and with our own cost for solve the land dispute. But our surrounding people not want to solve this.
I know that due to jealousy this people are doing this. They want to crock our land. I want to know how we survive in this social condition. How I save my parents. To whom I complain. I am every time afraid about my parents thinking mishaps. They are now mentally and physically broken. Due to this my father and mother are now patient of high pressure and blood sugar. I beg to request you that please save us or suggest me how can i save my parents. Lastly I want to inform that if any mishap happens above people will be responsible.
How can I solve the land disputes
PS-Baruipur, Dist–South 24 Paraganas.
Ph -07498993478, 09769566051
Asked in Property Law from Kolkata, West Bengal
You should first lodge a complaint to the Baruipur Police Station,SDO Baruipur and BDO Baruipur then you can file a Suit for Declaration and Injunction in Baruipur Civil Court.You can also file a Writ Petition in Kolkata High Court with party added to those who are disturbing you and also BL&LRO and IC Bauipru Police Station, SP South 24 Parganas,Municipality/Panchayat and DG Govt of West Bengal on residuary ground.
1)you should contact a local lawyer . file police complain against your neighbors for criminal intimidation
2) if police refuse to lodge FIR lodge complaint with magistrate under section 156(3) CR Pc to direct cops to investigate
3) file suit for declaration that your parents are owners of said land and for injunction restraining your neighbors from interfering with your peaceful possession
first lodge a complaint to the Baruipur Police Station, then file a Suit for Declaration and Injunction in Baruipur Civil Court.You can also file a Writ Petition in Kolkata High Court those who are disturbing you
Advocate, New Delhi
1. Go to the nearest police station and file a FIR against your neighbours. They can be arrested and put behind bars for what they have done. If police abdicates its duty of acting against them then file a criminal case directly in court.
2. In addition to above, file a suit for declaration of your parents' ownership in the said land and also to seek a stay against the neighbours to prevent them from interfering in your parents' ownership rights. Once a court of law recognizes your parents to be lawful owners of the land and passes a stay order it should put an end to the harassment suffered by your parents.
Thanks all for your kind answar..
their are 2-3 confusion more that. How can I stop that gram sadak yojna road widening process which only extended only our side not the other side. it should equal on both side. I already mailed to BDO, SDPO, DM but no action taken till now.
Asked 3 years ago
you will have to file writ petition in HC challenging action of authorities in only widening road from your side and not the other side
Dear sir thank you all for your kind suggestion.
Sir, I want to know that what is the Suit for Declaration and Injunction . How it helps us. and I file for suit a declaration and injunction, am i have to put the name of those rowdy people. how much time it will take to file a suit for declaration and injunction.
I already in informed in my first letter that. Partha Naskar is my backside land owner having a coal bricked factory.
with the help of those rowdy people and a land surveyor this guy force fully construct a boundary wall in our existing land without our permission. its happens one sided and forcefully. Its happens 3 years ago. can I take any judiciary action against him and also against that surveyor who being a govt employee did that private survey and till date their is not a single documents given to us, Its a got-up survey in which he never take any measurement from the points shown in map. he takes the measurement always from some nearby houses boundary wall and make us fool.
from last 20 years he pours his factory coal polluted water in my pond for newly made boundary it stopped, but how can i take a judiciary action against him and can claim compensation for that.
Due to gram sadak yojna road widening process step by step its widen in our side only. from village road we kept 3ft for our boundery and from boundary wall we kept 3 ft for our house. but due to political pressure we had to removed our boundary wall and step by step its reached till my house main wall. but on other side its a govt land occupied by those rowdies. so that side no widening happens. To whome i will complain . how can i get a immediate solutions.they pressure us to remove boundery wall. they removed our fencing without informing us and they forcefully take our land widen purpose to benefit partho naskar to make a better road to his coal bricked factory. how can i stop immediately. can i get compensation for that.
one more that son of partho naskar , who thrown stone at my glass window in bad intention. i dont have any proof but only the broken window. how can i punish him or caution him .
Asked 3 years ago
1) after you engage a lawyer and give instructions not more than 15 days to file suit .
2) suit for declaration is for an order that you are the owner of said land in dispute . injunction is for stay
3) as far as action against surveyor is concerned if you were aggrieved by survey done did you lodge any written complaint regarding said survey . you could have filed RTi application to find out what action has been taken on your complaint