You don’t have title to no man’s land merely because you are occupant
2) if notice is served you should vacate the said land
3) corporation can file suit for eviction against you
Land annexed
I bought my already occupied and resold (2nd owner)constructed independent house with compOund wall in 2008 and have been residing in it. Am from Coimbatore Tamilnadu. Original dtcp site dimensions east 37 feet north 54 feet west 49.5 feet south 56 feet aggregating 2379 sft On south side of site there is a open canal for rain water to go, after which there is a road. This has been there for a long time as this was previously an agricultural area and on south side till canal is poromboke area(no man's land) Originally though dtcp site, this area belonged to panchayat and previous first owner had made my land east 56 feet (19 feet extra from poromboke land) north 54 feet west 56 feet(6.5 feet extra from poromboke land) and built a compound around it long back after getting oral approval from panchayat. So currently it is 54 feet on North and South and 56 feet on East and West. The plot came into corporation limits in 2011. The compound wall annexing poromboke land(no man's land) was built long before i bought in 2008 June 23rd.(16+years). In the annexed poromboke(no man's land) inside compund i have not made any construction. My questions are 1) Can corporation reclaim my land ? Will they ask me to pay for the land? Can legal action be taken on me by corporation? 2) As an occupant of the poromboke ( no man"s land) for so many years, Do i get a title to it? 3) What are my rights on said land and if served any notice by corporation on any date in future what is my legal recourse? 4)Does doctrine of adverse possession apply to me?
Asked 1 year ago in Property Law
Religion: Hindu
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4 Answers
1.If the corporation establish title on this property , it can claim title on this.
2. No unless you get a decree from civil court on adverse possession.
3. File a suit for adverse possession.
4. Yes.
1. If you have purchased the property as per the schedule mentioned in the mother deed and have not made any encroachment subsequently then you need not worry about it because you have been in possession of the same for over 16 years and your predecessor was in possession before that and it was in the knowledge of government ever since, hence you may better remain silent about it.
2. It is not automatic, moreover the minimum period of possession of government land is 30 years to perfect title by adverse possession.
3. As of now there's no notice issued by corporation in this regard hence you remain silent, in case you receive any notice then you may file a suit for injunction against the authorities on the basis of long uninterrupted possession and enjoyment.
4. Read the first answer above.
Dear client,
- The corporation or local authorities have the right to reclaim land since it is considered government land. If the corporation identifies the encroachment, they could serve a notice to vacate or reclaim the land. Legal action can be taken if the encroachment is confirmed, especially if the authorities decide to enforce the removal of encroachments from government land. However, your prolonged stay and previous panchayat control may influence the situation.
- Poromboke land is typically non-transferable government land meant for public use. Occupation, even for many years, does not generally confer ownership rights or title to such land under Indian law. The title to poromboke land typically remains with the government unless a formal regularization process is followed.
- Your rights on the poromboke land are limited since it is government property. If you are served notice by the corporation, you should file a response explaining your position, including how long you have been in possession and the history of the land use. In some cases, you might be able to apply for regularization of the encroachment, where the government may decide to sell the land to you at a nominal cost.
- The Doctrine of Adverse Possession generally does not apply to government land, including poromboke land. In your case, even though you have been in possession of the land for over 16 years, the doctrine of adverse possession would likely not apply to the poromboke land, as it is government property.
You should consult a property lawyer to explore legal defenses, such as proving your long-term possession, and to negotiate with the authorities if needed. Should you require any further clarification, please do not hesitate to contact us.
