• Land encroachment of agricultural land

Dear Sir,
Iam a central govt servant  and am always on the move. I have close to 76 acres of land in Western Odisha. Most of the cultivable land are being forcibly  cultivated by villagers who have encroached the land. My father  did try to sort out the cases but could not fully devote his time as he was working ofr a private firm as well. There were 16 court cases filed by him many of which he won but they went to  an appeal and reappeals. He breathed his last in Dec 2012 after which, I have started looking after the land affairs. I realised that almost all 76 acres of land are being cultivated by villagers. The papers are in my name.  What is the permanent solution to this.
Also recently I realised that 2.5 acres of the land is being proposed for  NH expansion by NHAI and compensation would be given. I am sure the villagers will create problems at the time of handing out compensation. Am looking for a solution.
Asked 2 years ago in Property Law from Bhubaneswar, Odisha
Religion: Hindu
1) if your father has wont the court cases take out execution proceedings for recovery of possession of the land 

2) carry out fencing of the land and post security guards

3) best solution is to pay the villagers some compensation to recover possession of the land 
Ajay Sethi
Advocate, Mumbai
44494 Answers
2587 Consultations

5.0 on 5.0

The best step is engage a advocate who is an expert in civil matters in the place where your land is situated.
since the matter is in the court it will take time.However the present situation should be dealt with t he law of tenancy.
If the documents are in your name and the village registry shows the same, you should take steps to evict the tenants orelse allot them for cultivation on legal basis by making documents of lease to that effect
 If the land has been under acquisition, you should get the money. if any standing crop has been lost the compensation ca be given to the farmer.
You should represent yourself in person or by your representative to the collector for the acquisition compensation 
 It is necessary that the land should be under your custody free from the tenants  before giving it on cultivating 
because the farmers c an claim on the rule adverse possession and especially if tehre was no specific lease agreement. 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1)The fact that your father had filed a number of cases and win many of them will be in your favour. Cases pertaining to property rights usually take time to get disposed of as a lot of records need to get verified, examined, reverified etc.

2) Unfortunately there's no one stop solution to multiple court cases you are handling. You can give POA to someone to represent you as you are busy with your works. You can also seek courts permission to link the cases as far as they can.

3) The cases in appeals have to be contested as they stand.

4) Move an interim application to the Court to expeditiously dispose of the case concerning the 2.5 acres that is being taken over for HIGHWAY expansion. Along with the same petition you can approach the Court to dispose of the aforesaid appeals pending. There will be clarity and no dispute regarding compensation then.
S J Mathew
Advocate, Mumbai
2233 Answers
110 Consultations

5.0 on 5.0

1. There are only 3 appeals available up to the Supreme Court. The exact status of the appellate process needs to be known. The court order, if any, passed in your favour can be enforced by taking out contempt of court proceedings against the villagers.

2. If your title is clear and you have the possession of the land you should not face any hassles in getting the compensation.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. There is an age old advice given to land owners of our country which says that if you do not stay on your landed property, it will be encroached by the neighbours,

2. If you do not stay there, the permanent solution will be to sell it off and keep the Money in FDs,

3. Now, you can contest all the cases filed in connection with your land and teherafter either stay on your land or sell it off,

4. You lodge your claim on the 2.5 acres of land taken away by NHAI,

5. If there are claimants also, you shall have to contest their claim since you hve no other option left.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

Hi, as far as disputes is concerned you have to fight the case legally and as far as compensation is concerned as the land is in your name so you are the only person entitled for compensation and none else.
Pradeep Bharathipura
Advocate, Bangalore
4538 Answers
202 Consultations

4.5 on 5.0

Since you have already approached courts for relief I dont understand what clarification you seek from lawyers here. I believe you have filed injunction and eviction suits against the occupiers/encroachers/squatters.
You have to follow the cases properly and regularly through your advocate to avoid any lapse that may cost you dearly. 
You should readily accept the compensation award by NHAI so that it will be a beginning for  reclaim of your title in the properties.  This compensation award may be produced as additional evidence to prove your ownership of the properties under dispute. 
T Kalaiselvan
Advocate, Vellore
34622 Answers
373 Consultations

5.0 on 5.0

A. What is the status of the pending suits or disposed suits?

B. You can file a suit for eviction and injuction against the encrocher if you are the absolute owner of the property.

C. You can execute a GPA to run the case and resolve the issue if you are busy with your work.

D. You would better speack with village people for the amicable settlement.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

Hi sir/madam, if you have record and valid title on your name, you don't worry, you have to apply for compensation they will give your compensation. 
C. V. Jadhav
Advocate, Bangalore
319 Answers
13 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer