I Purchased agricultural land in Bangalore about 8 years ago and was in peaceful posession, only to find out that a 20 ft (in width) stretch in the front of my land is actually Sarkari oni / gomala land. As per a recent government survey conducted i got this news. This means there is NO entry for my own land. How can i apply for a entry to my land. Require entry for my tractor / other big vehicles. Thats all Also can i apply for regularisation as per form 53 ? Pl advice
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Gomala Land is a piece of government land set aside for government or public use and for animal grazing. It is reserved to meet the public demands of a larger city or town, all such lands must be set aside for public or government purposes only.
2) you can claim easmentary right of necessity if there is no other access to your land
Yes you can apply for regularisation. You can also enter with court order
Gomala is a piece of land that belongs to the government. These lands are reserved by the Government to pasture animals. This is what is called Gomala land in Karnataka.
As per section 94C of the Karnataka Land Revenue Act, 1964 the government land occupied by residents for dwelling purposes must be regularised.
Since you have been using the land in front of your agricultural land for the purpose of ingress and egress, you may continue to use it, in case you are restricted from using the same as pathway for road access from your property, you may then file a suit for easement rights for easement by necessity.
You cannot apply for regularisation since it do not belong to you by any means, it is just a pathway.
- Firstly you should lodge your complaint with the commissioner of Municipal Corporation of your area for arranging the path.
- if no response, then file a suit under The Indian Easement act , for claiming path to your property from Sarkari land..
.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining the said authority from obstructing your right to access till main road.
- Further, if you are using the said road for long period. then you can get order from the court on the ground of adverse possession as well.
You need to file a suit for pathway rights to your property at the district court in consultation with a competent lawyer.
Dear client you can apply for the same.
