We have 20 gunta land in Chickmagalur Karnataka within city limits , which has been DC converted and Layout plan was sanctioned from Town planning authority in April 2010 . We have fenced the four sides of our property with small stone pillars .There is one light pole which has come 8 feet inside our land . Some neighbours have removed our stone pillars in the front side and wrongly guided the Muncipality to do the road in our site . Now Municipality has encroached 6 feet inside our land & put the stone jelly to make the road ( tar hasn't been done yet ) .if we ask the muncipality to remove the stone jelly they are saying that they need to do 30 ft wide road & our opposite is( 2 houses & a revenue site) and all of them have left only 10 feet for road & empty sight person is not willing to leave more than 10 feet & so since ours is a layout we need to leave 30 feet ( including their 10 feet ) . But as per our layout plan we have left 15 feet to road . Measurement of layout is ( North to south front - 123 sft , back 110 sft , East to west front 133 sft & back 138sft ) this has been derived after leaving land to roads in total 20 guntas . 20 guntas = 21779 sft total area Current layout after leaving for roads - 15787 sft . Kindly inform me following things . 1) Can i bring stay order on munciplality to stop the road .what will be its obligation . 2) Since they are saying mine is a layout so you should leave 30 ft for road if your opposite land people doesn't agree to leave . since there are already 2 house & they have left only 10 feet so should i leave another 20 feet ( current 15 + another 5 now ) from my land . 3) Local town planning authority official said that we should leave CA site also in 20 guntas , is this correct as per 2010 rules ( if so already i have left 6000sft for road so should i leave more ).(as per Karnataka town development act ) 4) If my layout which got sanctioned in 2010 will have any effect if i put a case aganist munciplality , if my layout has compromised some conditions technically . Kindly let me know how i can save my land from muncipality encroachment and creating any further complications with my current layout .
You only have to leave 15 feet road as per your layout sanctioned plans
2) file suit seek injunction restraining muncipal corporation from constructing road on your land
3) you need to contact a local lawyer conversant with Karnataka town planning act
1.You first issue legal notice under section 80 CPC to the municipal authorities about this encroachment and instruct them to remove the jelly stones laid down on your property, after that you can file a suit for mandatory injunction to remove the same and to restrain them from interfering in your possession and enjoyment of your property.
2. Let them say anything, you may see the conditions and approved lay out in which the area allotted for road side would be very clear after which you can decide further course of legal action.
3. You can check the details through an advocate and confirm where and what went wrong.
4. You may have abide by the conditions that were imposed while approving the layout, you cannot take law into your hands to deviate the approved layout.
Better discuss with your advocate and proceed legally if you are at the right point.
Dear Sir/Ma'am,
1. issue a legal notice to the municipal authorities, stating the details of the encroachment and asking them to remove the stone jelly. Thereafter you can also file a suit for injunction to restrain them from disturbing or intervening in your possession and enjoyment of the property.
2. irrespective of their statement, you need not leave more than whatever is stipulates in the 2010 sanctioned/approved conditions and layout.
3. The municipality has no right to cause any effect on the sanctioned layout when you are exercising your right to possession and information. if they take such steps it will lead to contempt of court.
Thank You
First of all, you dont have to leave a single inch more than what was approved as per layout.
Secondly, nobody have any right to take your land without following law.
Further register FIR for touching stones of your land for trespassing.
Immediately issue legal notice through lawyer.
Further take injunction order.
Dear Sir
You have to get surveyed again and find out actual encroachment then approach civil court for recovering encroached piece of land you can claim mense profits.
1. Yes, legally the municipality having no right to trespass in your land without getting your consent and pay the compensation for the same , even for constructing a road.
- Yes, you can get stay order , and even you can file a criminal compliant against the Municipal official for the offence of trespassing etc.
2. No , they cannot force you
3. Consent of land owner is mandatory even for a government project.
4. You can send a legal notice to the municipal authority under section 80 of Civil Procedure Code.
Thanks for the response . Kindly confirm me the following things: 1) What is the minimum total area we should leave in 20 guntas for roads , CA or any other purpose to form a layout as per 2010 .( Some body said me we need to leave 40% of 20 guntas , in that case my layout will get cancelled if scrutiny comes now for survey - is it true & what is the percentage we need to leave in Karnataka as per 2010). 2) even though the layout is sanctioned in 2010 but if in case above point 1 is not adhered will my layout will be cancelled and do I need to reapply. 3) since my opposite has left only 10 feet (revenue land & partially house constructed) & I have left 15 feet . Now total width is 25 feet ,so does the rule say I need to leave additional 5 feet since mine is a layout & layout will be approved only if there is 30 feet road ( also in plan we have showed there is 30 feet road )
You only have to leave 15 feet roads as per your sanctioned plans
for further queries consult local lawyer
1. The percentage of space to be left for road purpose in the layout approval would be found in the layout approval condition itself.If you still have any doubt about it you can obtain the information by submitting an application through RTI act to the concerned authorities and stand clarified.
2. First of all ascertain the space to be left for the purpose of road, and if it was not compiled, then you can give an undertaking to leave the space now, so that you can avoid the cancellation of layout approval.
3. You may obtain the details by submitting an application through RTI act and be clarified about the space to be left from your side for this purpose, you do not go by what the opposite side person did or does.
You have to act to safeguard your interests first and then look into others business.
Dear Sir/Ma'am,
1. as mentioned earlier, according to your layout plan, You only have to leave 15 feet roads.
2. an application under the RTI act can be filed with the concerned authorities to verify the details since the confirmation would only be present in the layout plans.
3. once it is verified, if you need to leave more space, give an undertaking that you would do the same to avoid cancellation.
Thank You
- inquire from the competent authority or take advise of a local lawyer
- Since you have leave 15 ft as per the sanctioned plan , then opposite should also leave the same
- You can move an application for the same before Municipal authority.