Hello, We own an agricultural land since 30 years in Tamil Nadu and the patta chitta is in our name. Recently since a year the local Panchayat president along with the local real estate agents started harassing us that there is a cart path passing through our land and we need to remove our fencing and allow everyone to access this path. Since we refused they have given a complaint with local VAO and tashildhar regarding this access. The sub inspector of survey has sent us a notice to be present for survey of the same. My questions are 1. I applied for FMB and as per the FMB records there is no cart path or road in our survey number. So VAO or Survey inspector will rely on the FMB to determine the pathway? Or is there any other records they rely on ? 2. Can we object to the survey based on the FMB that there is no indication of cart pathway in the FMB document? 3. I believe the local authorities are colluding with the real estate agents and trying to harras us. What steps can I take legally to protect my property against this illegal cart path demand?
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They will rely upon records to determine whether there is any pathway from your land
2) you should not object to survey but submit your written objections to the inspector
3) if any order is passed against you then you can file appeal against impugned order
1. FMB alone is not the records to determine the easement rights, the pathway what they refer to as a right has to be established by them by documentary evidence. If this proeprty was under your possession and enjoyment for 30 years or more and nobody had passed through them nor had claimed any rights for easement so far in all these 3 decades, then they cannot force you to open the fencing. If at all they have any rights they have to prove them through court of law and not through the village or taluk revenue authorities. But the FMB records are not any documentary evidence to prove your statement too, in fact your voluntary act of obtaining the FMB in your favor may have an adverse impact to your own defence.
2. The FMB is not the authority to determine your rights or denying their rights for the pathway, If they want to conduct survey,.you may allow them by taking notice and record your objection to the survey work.
3. File an injunction suit to restrain them from interfering in your possession and enjoyment of your property
When you say record your objection to survey work. Does it mean when they come for survey we express our objections and they don't survey or they continue to survey after accepting our objections
you can send letter recording your objections to survey office
they will do survey even after considering your objections
The application to survey the property was submitted by a different party and the approval was made by the competent authority, hence the survey work will go on, but the surveyor shall receive your objection and record it while he will continue his survey work.
However if you object him from entering your property, he may take the assistance of police in order to prevent you from obstructing him from carrying out the government work
Dear Client,
You may base your objection to the survey during your situation in Tamil Nadu on the Field Measurement Book (FMB) records, which do not show a cart path on your land. You should provide the FMB records and voice your objections when the surveyors arrive. The way the local authorities evaluate your objections will determine whether or not the survey moves forward. To protect your property rights, document instances of misconduct, file complaints, and consider negotiations or mediation, speak with a local property attorney if you feel that you are being harassed and coerced by real estate agents. In order to navigate the unique legal requirements and local regulations in your area, legal representation is essential.
The FMB (Field Measurement Book) is an important Revenue record which indicates whether a cart-track exists or not in your property. 'A' Register extract is an additional document to establish the fact. Let the survey be conducted. You may present your case supported by documentary evidence. If the survey report is unfavourable, you may take further steps in consultation with a competent lawyer.
You need to approach court and seek a restraining order against panchayat
1. Yes
- Further , you can file an Injunction suit before the Court for restraining them from entering into your said land
2. Yes, if your ownership document is not having any such description of the pathway
3. Reply No.2
