• Forest land area grant by Govt in 1970 and case on it

Hi In Karnataka , Hassan District. District Commissioner has granted land to us on 1970. Now in 2000 it is identified as Forest land and Karnataka high court has ordered in 2012 that land belongs to Forest and people need to be vacated. 

We have decided to refile petition on this can you please tell in law points what are positive points or cases number reference which will help us to get back land or what best can happen. We have grant certificate issued in 1970 and RTC in our name, We are cultivating land from 1970. Land in 3 kms from Town.
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

1. Without seeing the order of the high court its difficult to comment on merit of the case. 

2. If the order of high court impinges your rights then you can file another writ petition seeking quashment of the government notification. 

3. First share the order to give further advice. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

File appeal against order passed by HC 

 

2) take th eplea that land was allotted to you by district commissioner in 1970 and you are cultivating said land for last 50 years 

 

3) that it is not forest land and order to vacate land be set aside 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1. Since said plot of land is not classified as "Forest Area", THEN by virtue of the District Commissioner allotment letter, you may seek legal recourse and request for alternative plot of land and compensation if you have created any asset (Well, House, Trees, etc... ) in the land.

2. The above is the only relief you may seek.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You need to challenge the move of the govt being malafide to declare it forest land on basis of writ petition

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Hello, 

  1. If the court has found the land is forest land and it has to be vacated, you could either file a review petition if you have sufficient grounds for the consideration of the court that will prove the findings of the court wrong. 
  2. If you have not been granted alternate land or you have not been adequately compensated, you can move a petition in the High Court seeking the same and compensation to some measure. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

You need to have meeting with Senior Advocates with your papers to solve your problems. 

Without review of your documents no one would be able to advice you legally. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- Since the said land was allotted by the District Commissioner in 1970 under any special provisions , prevailing that time , and further after a long period of 50 years , if is being acquired by the order of the High Court, then you should be compensated for the same. 

- As per law, one can claim ownership of the government property also , if that land was in use and occupation for the period of at least 30 years. 

- Hence, you can file a Appeal against the said order of High court. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Not petition but appeal against the order. You should have taken plea of adverse possesion and absolute right.

What is order of high court? 

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Without knowing the background of the case any opinion or suggestions made in this  regard would  be a misleading issue.

As you have already engaged a advocate, if you are not satisficed with his approach or conduct of the case, you may seek second opinion of the case from an experienced lawyer by producing the relevant papers of the case and proceed as per the fresh suggestions received.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Dear Client

This is to inform you that,

  • Details of the High Court orders are required in order to determine on what basis they have declared your land as forest land.
  • If you are trying to approach the High Court based on the order dated 2012 then you cannot file a review petition as the time limit for filing the same has lapsed.
  • You can file an SLP under Article 136 of the Constitution to declare the order of the HC as void on the grounds that, you have been cultivating on the land since past 50 years and it is your source of livelihood and therefore the Government just cannot declare it as forest land without appropriate reasons.
  • Another Legal recourse you can take is that, if the grounds for declaring your land as forest are right then based on the grant certificate by the District Commissioner in 1970 you can file petition for Compensation or an Alternative land admeasuring about same size of your land.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Without reviewing the documents of complete case it is difficult to provide a definitive view.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

How can this happen. Was the permit valid. They cannot uproot you after 50 years. File a writ petition in the high court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should file special leave petition before Supreme Court for challenging the orders of high court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

What you have asked here is the personalised services and This is not the right forum for asking an advocate directly to work for you. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

You may prefer Writ Appeal or Appropriate Appeal before the Division Bench of Hon’ble High Court of Karnataka and appropriate grounds can be culled out from the records which you have because the forest people slept over their rights for more than 30 years thus it has crossed limitation period and you seems to have for effected title to the land.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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