Background: 1.We had ancestral land & house from 1960s 2.Our legal plot area is irregular size - triangle shaped 3.Plot boundaries are square shaped & were contructed on 1990 (front boundary) & 2013-2014 (back boundary). Back boundary was contructed to make the plot square, with the verbal approval of Irrigation Dept,as it is adjoining a canal.And we had some influence in Irrigation Dept due to our relative. 4.We demolished old house in 2021 & completed new construction in 2022 5.New house construction is square shaped; 85% construction is within our plot & 1 corner of house ( about 15% of house ) is outside of our legal plot 6.One of our relative was in Irrigation Dept at senior post & she had retired in 2020. She was in good terms with our family until 2020. But after grandparents passed away in 2020, she has gone rogue Backside of contructed house: 1.Due to irregular size of our plot (triangle shaped plot), 1 of the back corner of our house is contructed slightly outside of our land - about 15% of the contructed house portion 2.While doing foundation of house in 2021, there were disagreements from various departments. We adjusted the foundations & took necessary approvals from all depts (Municipality + Irrigation Dept + Patwari[Revenue Dept]).Only after approvals we proceeded & completed the construction in 2022.(with the house still being 15% outside of legal land) Problem 1: Our rogue relative, is using (or mis-using) Irrigation Dept & complaining against us constantly. Due to which dept had issued us various notices, including police complaints & are visiting us almost every week since mid-2024. Frontside of plot: 1.Since our plot is irregular size, so due to above pressure from Irrigation Dept, we agreed to give them part of our legal plot.(1 corner of un-contructed area which is about 15-20% of plot) 2.This corner just had boundary wall,otherwise it was empty land.Irrigation Dept started demolishing this boundary wall a week back. Problem 2: This swap of land is verbal agreement & Irrigation Dept is NOT ready to give us legal/proper paperwork. We know that all the complaints are done by our relative only,as she also wanted our plot from our grandparents; but there is no official name in complaints.Since she worked in the dept for 35+ years,she still has influence & is weaponizing the dept against us. Questions: 1.Can we save the back corner of the contructed house, which is 15% outside of our legal land? 2.Can we save the front boundary wall of the empty corner of the plot, which is actually contructed on our legal land? 3.Since we agreed for the swap, how can we get the written paperwork from Irrigation Dept so that we are not harassed in future? 4.Can we take any action against our relative, since she used dept's shoulder to fire bullets & her name is nowhere in this ordeal? 5.Is there an option to purchase the extra land from Irrigation Dept/Patwari, so that our plot itself is made square?
how can you give part of your land on basis of verbal agreement
you need it in writing to prove you surrendered part of land in settlement of all disputes
3) back portion can be saved only if you constructed after obtaining permission from irrigation department
4) offer to pay irrigation department for said portion of land
You need to create paper work for the land given to irrigation dept as in court oral things don’t work
Yes you can seek land from the irrigation dept or compensation amount as per the provisions of law
You can take action against that relative but need to prove the same in court
Back Corner of House (15% outside plot):
If you got written approvals in 2021 from Municipality, Irrigation Dept, and Patwari, use those as legal defense.
If not, try to apply for regularization or compounding, or negotiate to lease/purchase that extra land from Irrigation Dept.
Front Boundary Wall (on legal land):
You have full right to defend this. Since it’s within your legal plot, file a stay order in civil court to stop demolition.
Verbal Land Swap:
Never rely on verbal deals. Immediately send a written request (RTI or legal notice) asking Irrigation Dept to give written confirmation of the land swap.
Rogue Relative (Retired Official):
If she’s misusing her influence unofficially, file a complaint to Vigilance Dept or Human Rights Commission mentioning harassment and misuse of power.
Buying Extra Land:
Approach Irrigation Dept or Patwari for legal allotment/lease of that portion. Put request in writing with land measurements.
The part of the house that extends beyond your legal plot (even if only 15%) is considered encroachment on government land (if it’s part of the canal/irrigation land).
Unfortunately, no verbal approval can protect it legally. Even if you had a verbal understanding in 2013–2014, Indian law requires any change or transfer of government land to be properly documented (registered in the revenue records).
The Irrigation Department can demand removal of the encroached portion. However, if you can show:
The encroachment is minor and unintentional (due to the plot shape), and
The construction was done with approvals at the time (even if these were based on misleading or informal promises),
then you may be able to negotiate with the department to regularize or lease the encroached portion.
If the front boundary wall is within your legal plot as per revenue records, you have full ownership rights.
The Irrigation Department cannot demolish or claim your legal land unless there’s a proper acquisition order or legal notification (like a canal expansion plan).
Immediate Action:
Get a revenue map (fardi) showing your plot’s exact legal boundaries.
Take photographs and preserve evidence of the demolition and damage to your legal land.
Send a legal notice to the department demanding they stop illegal demolition and return possession of your land.
Verbal agreements with government bodies have no legal standing. You need to:
Insist on a written MoU (Memorandum of Understanding) with the Irrigation Department mentioning the swapped areas.
The MoU should be signed by an authorized officer and registered at the Sub-Registrar’s office.
Alternatively, a lease or allotment order (called “Patta” in some states) can be issued for the portion of the land you’re getting in exchange.
File an RTI application to the Irrigation Department asking for any files or plans related to your land swap or encroachment.
This puts official pressure on them to either formalize or withdraw their claims.
Since your relative is not officially named in any complaints, direct legal action (like defamation or criminal conspiracy) may be difficult without concrete proof (like recorded threats, emails, or messages).
What You Can Do:
If you can prove she is directing or influencing the officials (e.g., via audio/video recordings or witnesses), you may file a police complaint for criminal intimidation (Section 506 IPC) or criminal conspiracy (Section 120B IPC).
Alternatively, you can approach the Vigilance or Anti-Corruption Bureau (ACB) if you believe government officers are acting beyond their legal authority under her influence.
Yes, in many states, there are policies for regularizing small encroachments or for purchasing surplus government land. This usually involves:
Application to the Revenue/ Irrigation Department for allotment of the extra land.
A valuation survey of the land.
Payment of the market value and conversion charges (if required).
Visit the local irrigation office with a written application for allotment/regularization of encroached land.
Check if there is a government resolution or policy in your state for such regularization.
Since the back corner of your house is on government land, any formal purchase or lease must be initiated by you — it cannot be claimed as a matter of right.
For the front corner (which is on your legal land), you have every right to stop illegal actions by the department.
Get revenue records (7/12 extract, fardi, etc.) showing your legal boundaries.
File an RTI to force transparency from the department.
Send a legal notice to stop harassment and demolition of your legal land.
Negotiate or file for purchase/lease of the small encroached part if feasible.
Document everything: photos, videos, and any visits/ threats by officials.
If you’d like, I can:
Draft the legal notices or RTI applications.
Help with the application for purchase/lease of the extra land.
Advise you on possible court action (like a stay order for demolition).
Feel free to share more details or let me know if you’d like me to prepare any legal drafts to strengthen your position!
—
Adv. Ayush S. Jain
High Court of Gujarat | District & Sessions Courts – Ahmedabad & Gandhinagar
advocateayushj[at]gmail.com | [deleted]
Instagram: @adv.ayushjain
1. The swapping of land is called exchange of land, but it should be done mutually by both executing the exchange deed by a registered document with clear demarcations of boundary of both the properties intended to be exchanged. The irrigation department is a government department hence it will not be possible for them to execute the exchange deed due to government formalities and the law in this regard.
If you have constructed your house property belonging to the irrigation department/government then it will be liable to be demolished by the department concerned after serving you notice in this regard..
Even if you manage to get a stay order it will be only a temporary relief, once the saty is vacate the court also may not support your views for having constructed the property to that extent in the government property, which has been since admitted by you.
2. You can always protect the constructions done within your landed property.
3. The swapping arrangement is not between two individuals, the government formalities are different.
They have to obtain permission from the top authority of the department which will involve the ministry of irrigation and land revenue department and the process will be cumbersome, hence you will not get any cooperation from thiem in this regard.
4. No, you cannot take any action against her if she has not directly harmed you.
5. The department concerned will not be able to sell the government land, however you may approach court to find any remedy to this.
You may have to rely upon the practical procedures to be complied with as per law in this regard and never be misguided about various unfeasible ideas being suggested by various sources.
Sir/Madam,
You are suggested to file a writ petition before the High Court seeking quashing of the notices, complaints sent by the irrigation department. Also, make your relative a party to this case expalining her influence in the department. Also, express your intention of leave/give 15% of the land unconstructed to the department but not to demolish your house or your intention to purchase the land of irrigation department to make your plot in square size. Do mention in your writ petition that the said land of irrigation is useless and due permission was taken from the department before the construction of house. By, this way the court will pass a stay order on the actions of the irrigation department and you will be able to achieve your purpose.
1. You have no right over the property which is not mentioned in the property document
- Further , if that corner is a part of your land , then you have legal right to occupy the same.
2. Yes,
3. You can move an application before the Irrigation department
4. Yes, you can file a complaint to disturb your peaceful enjoyment of property
5. Yes, you can approach the said department.
