without consent of property owner they cannot use your property. you can file for restraining order contact local lawyer.
Dispute
One and half year ago gram pradhan did a rebore in our property but there is no handpump installed after we installed summer sabil on thar boring which was in our land after some times a man complain against us and he made an issue,village secreatery and gram pradhan came and we have rights to remove your pump and install hand pump and because boring was govt.they said that land should be used for publically and but that land belongs to us we can not allow everybody to acces my property,please guide me what should i do is there any way to get stay order to remove handpump installation done by pradhan,it is on my land so dont i have any rights??? I can not allow every one to enter my home or property for publically use may be some day it will became a very big problem for us if this dispute continue it will became very serious issue some day Please advise what to do??
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
Definitely stay will grant in your favour, no outsider has right to enter in your property or use your belonging, criminal offence. Neither gram can remove the pump.
But they are threatening us on the basis of rebore,tge gram pradhan said that is government boring it dosent matter its your land or not ,he said now we have to give access,he did not showed any writted order to do so,but in my knowledge govt can not take private property without our permission,they called police and they said we have DM orders to do handpump installation but they did now showed any written orders,can i get order from court that can help me.
Asked 6 years ago
Ask them to show order. If no order , file police complaint and any order passed by DM is illegal. Private property cannot be put to use for public purpose without land acquisition and compensation paid.
File writ petition in HC seek court orders restraining gram panchayat from forcing you to permit access to your land to members of public
there is no written order passed by DM
no need to bow bow down to pressure tactics
You are the owner of land
You cannot be forced to permit access to your land to members of public
there are no written orders passed by DM
without compensation government cannot acquire your property file writ petition in high court.
You can seek stay against the general public and gram panchayat people in the property as it is private property. File a suit seeking injunction on entering your premises and removing of the hand pump.
Yes you can file a suit in the court and without written order no private property can be acquired.
You can take a stay order against the said act of Pradhan. The court will pass necessary action
If you have documents to prove your title to the land then your remedy is simple-a suit for permanent injunction to restrain all these people from trespassing into your property and violating your right to peaceful enjoyment of your property.
First of all why did you allow the village president to dig a bore well in your property for public use when it is a private property, what were you doing while the work has started?
You wanted to avail the benefit the government is providing to you at free of cost hence you remained silent whereas now you agitate over the issue especially when it is found that it is a public borewell and all public are entitled to use this borewell water.
However you can file a mandatory injunction suit against government to remover the borewell dug in your property stating that it was dug without your consent or permission and it is a nuisance to you since it has an access to general public.
You can consult an advocate in the local and proceed on the advice received.
Let them pose any threat about it, you dont budge to their pressure.
If the police is threatening then you may approach state human rights commission for violation of human rights agaisnt them.
Against the village president you may approach court with a mandatory injunction suit seeking to remove the borewell dug in your property and to restrain them from accessing your property for using the borewell water.
- As per the information mentioned in the present query, makes it clear that the village people has been trying to take the right to use your own property in accordance of your own wish and need.
- You should file a representation to the SDM office stating everything and to stop the harassment.
- If SDM Office doesn’t do something positively then you should file a suit for temporary as well as permanent injunction/ stay before the Civil court of Law making SDM also as a party in suit.
Dear
- You should file a suit for declaration and permanent injunction against Gram Pardhan and other villagers
- The suit should be filed in the court of civil Judge.
- In this suit the relief you can pray for is that this land belongs to you by declaration suit. And permanent Injunction for stopping the villagers to access on your land.
