It's better you file a writ petition and then proceed in the case
Land taken over by Uttar Pradesh government decades ago
Hello everyone, We have had our land encroached illegally by the UP government (Tourism Department) in Kushinagar about 3-4 decades ago. Here’s the story: Land is on my dad & his brother’s name (his brother passed away 7 years ago). Roughly 30-40 years when the land value in Kushinagar was peanuts, the State government encroached our land & built a small office which today is now a vast property built by the government spread across our whole land. Today the value of the land is in crores. My dad & his brother lived in another state for employment reasons when all this was going on. They didn’t have enough time & money to fight the case during that time but they knew that it was being illegally encroached by the government. But now my dad is willing to fight the case. We got the land papers from the tehsil a few weeks ago & it shows both my dad & his brothers name on that piece of land. My questions: 1. How do I proceed with this? 2. Since this is a clear cut case of illegal encroachment by the government & the government records itself show that it’s my land, would this be much easier to take it back? How much time would it take? 3. Just thinking about filing a court case makes me nauseous because of our justice system, is there any other way to deal with this? Like appeal to the CM or the DM? Anything that can get this done quickly. Thank you so much.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
1) issue legal notice to govt to vacate land
2) if they refuse file suit for eviction as your father and uncle are absolute owner of property
3) suit may take some years to be disposed of
1. Limitation period for such cases will be 12 years.
2. File a case in the jurisdictional and competent Court for condonation of delay in filing the case.
3. If condonation of delay is condoned, file for declaration and possession of the property in your favour.
4. Or, as you have rightly suggested, approach the jurisdictional DM and request for his intervention in the matter to provide you justice.
5. And approach the State CM and apprise him of the situation and submit appeal for restoration of your land.
No land of citizen can be acquired by Government without making payment of current market value to land owner by way of compensation , that is the mandate of Article 300A of Constitution of India. Though your land was acquired 40 years back, you are entitled to get current market value under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 (2). As the matter pertains to acquisition of land, you can file writ in High Court seeking determination of market value, payment compensation and rent for all these years from State Government. Issue notice to district Collector and Chief Secretary of State before filing with seeking compensation and all monetary reliefs. Government is bound by rules. There is procedure for computation of market value of acquired and paying compensation. It cannot be decided by DM or CM. As State Government has acquired land without following procedure under law, it cannot make payment of compensation directly, it will amount admitting that legal procedure was not followed. Government needs direction from Court though you can try by writing to DM/CM.
A case has to bw filed against the government after giving a legal notice to the government. If the Government doesn't respond then file a suit in the civil court.
A writ petition may also be filed in order for an expeditious disposal.
1. Your father can first issue a legal notice to the government authority to vcate and deliver possession of the land illegally occupied/encroached by them, after which he should file a suit for declaration of title and for possession of his encroached property.
2. You have to file the case and fight it out strongly.
3. You will not get any relief even if you hang around decades together with the government authorities in this regard, the only solution before you is to approach court of law with a suit for declaration and mandatory injunction for repossession.
As a matter of fact the civil case now suggested to be filed also may not be maintainable if the government takes the plea of perfecting the title by law of adverse possession.
Dear Client,
You can approach the court as per Order 39 (rules 1, 2 and 3) for an order of injunction and claim damages. Time cannot be predicted but depending upon the facts put by the government It might take 1-2 years.
1. You shall have to take legal recourses to get back your land if the Govt. has not requisitioned it as per law by issuing a notice to your father and his brother.
2. You shall be questioned for the delay in filing the case since it has already become time barred.
3. You shall have to state that you all were stationed outside the State and have recently come to know about the said encroachment and file condonation of delay petition accordingly.
4. Approaching the CM is of no use but you can first write to DM for returning the said land before filing the case.
