Panchayat has to take site inspection of the property
the report has to be placed before the panchayat
then sarpamch can issue notice regarding encroachment
Procedure to be followed by Panchayat in case of encroachment
A local social worker in South Goa area, became a problem for the local Panchayat due to his constant questioning on various issues. So, the Panchayat suddenly sent him a notice saying that his property has encroached on public land, kindly furnish documentation etc. Can a lawyer please explain what procedure the Sarpanch/Panchayat has to follow? E.g. Don't they first need to pass a resolution to inspect the site with intimation to the concerned party? Don't they need to provide inspection report with proof prior to accusing the resident of encroachment? I would be interested in knowing your professional opinion, Thank you for your time. -Sheetal D' Costa
Asked 5 years ago in Constitutional Law
7 Answers
In this case, what legal recourse does the aggrieved party have?
Asked 5 years ago
Call official surveyor from survey office get your property boundaries demarcated afresh
Yes they need to first give a prior notice and then act further
they will serve you a notice or twice. thereafter they can take legal action. IF you are disputing there claim. you can write it in the reply to the notice for the inspection of the site.
The panchayat board has to have substantial evidence to put the blame on the person to whom they have issue the legal notice intimating about his encroachment.
Before that, there should be some complaint received by them through any public or any agency about this alleged encroachment or they should have obtained the report from the village revenue officer or the government surveyor about this encroachment of government land by that person.
Thus the action taken by the panchayat leader/president arbitrarily can be challenged on the same grounds, before that that person has to secure the documentary proofs to prove that he has not encroached government land as alleged in the legal notice.
Please remember that the gram panchayat is a local civic body and a competent authority, hence it can escape by any route especially when the matter is referred before a court of law.
Since the aggrieved part has received legal notice from an authority, it becomes his duty to issue a reply notice denying the allegations leveled against him.
Later on when the matter is referred before court in a civil litigation, all those things discussed here may be taken up in the trial proceedings to nullify their stand or claim.
- As per law, Panchayat secretary has powers to remove encroachments on public places in gram panchayats and also having duty to implement resolutions of gram panchayats.
- But cannot implement the resolution of the Gram panchayat.
- The Telgana High court allowed a petition filed by V Raghava Reddy, farmer of Nanajipur village in Ranga Reddy district, challenging the notice issued to him by the local sarpanch with a direction to remove the house compound wall that was illegally constructed by him.
- Hence, you can challenge the said notice after replying the same .
