• Illegally occupied and constructed by forest department

Sir,
    we have land of 0.88 acre.This land is occupied by forest department and constructed godowns & quarter s over it since long time (more than 40 years). In some of our land electricity department put electric polls. No compensation given to us.This land is in the name of our grandfather till date we are paying revenues foe this land.Ten years ago my mother wrote letters to several departments but not a single reply received. Two years back my brother served notice through an advocate to forest department but  no fruit full result came.Enquiry done by revenue authority and recommended to return the land. Our advocate is not taking so much interest and asking for money.Now the case is with subdivisional magistrate.we belongs to scheduled tribe ,as per advocate  court fee and advocate fee is refundable is it true ?what should we do ? go for money compensation or get back the land.what is your opinion and suggestions please help us.
 Electric polls case is separate.
Asked 2 years ago in Property Law from Simdega, Jharkhand
1) if your land has been illegally encroached by forest department you should file suit for eviction . fight for your land 

2) for fighting case you have to pay legal fees to your lawyer 

3) legal fees/ court fees  paid are not refundable .
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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If the lawyer's notice send by your brother 2 years back did not produce the desired result then you should have right away filed a case for eviction in court against forest department. Since the land is registered in the name of your grand father there shall not be any hassles in proving it. Have you paid the legal fee to your lawyer? If he is not contesting the case then change your lawyer. Lawyer's fee and court fee are not refundable irrespective of the result of the case.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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File a case for eviction now to claim your land illegally occupied by forest department.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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