• Government claiming Private land

We purchased X sqyds in 2004 thru a registered sale deed. The land is classified as FTL ( Full tank Level) as it is very close a lake, hence no permission for any construction activities, which we were aware of since the time we bought the land. We kept the land in the same manner for 12years hoping to benefit from it if government reverses the FTL in the future due to the dying condition of the lake. However yesterday in the middle of our open plot the government officials of hyderabad placed an inaugration & foundation stone mentioning " beautification project for the lake & Ganesh visarjan platform". I am worried as this is illegal and like encroachment on my land. The land still belongs to me in all the documents of the government. 
1. How can the government place a foundation stone on a piece of land that does not belong to them and without our acknowledgment.
2. How can i challenge and stop them from proceeding without addressing my concerns.
3. Is getting compensation the only option for me based on market rates or government rates(significantly lower)?
Asked 6 months ago in Property Law from Saudi Arabia
Religion: Muslim
The proposed construction would not have come to the notice of the land revenue department who has given the sanction.  Since you have kept the landed property without any activity including not fencing it or making a demarcation at least to your own land, there was no sign of anyone claiming it, hence the government has moved into this.
You may file a permanent injunction suit against the government department against its proposal to construct a structure in your property and if any portion of your property has been encroached by the government you may pray for  possession too by paying appropriate court fee for this prayer too.  
If the government is offering compensation you may challenge it on the basis of low compensation and also oppose the acquisition which is not in the public interest.  Let the court decide. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1) file RTI application as to on what basis on pvt land Ganesh visarjan platform has been sanctioned 

2) file writ petition in HC and seek stay of beautification being carried on if lake on your land 

3) if govt seeks to acquire your land you would her compensation as per market rates under new land acquisition act 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, You have to file a suit against the Government for not interfere in the peace full possession and enjoyment of the property.

2. Before filing a suit you have to issue notice as contemplated under section 80 of the Code of Civil Procedure.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1.  You can send an application by yourself from the country where you reside currently, you dont require a lawyer's assistance for this.


2.  The time taken in the court is not predictable.  No layer can give an assurance in this regard.  If somebody is giving an assurance in this manner it clearly indicates that he is defrauding you in this regard.



3.  Your proposed action shall be termed as an illegal act and you can be booked for destroying public property or causing damage the public property which is a sessions and serious offence.   Dont indulge in such activities, follow proper legal process to be on the safer side.
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1) it is better you execute POA in favour of family member who can engage advocate , take legal proceedings, sign affidavits , applications in court etc you can file ke RTI application from abroad using postal orders 

2) stay order you can get in 2 months or so final hearing may take some years 


3) you can fence your plot but don't demolish foundation stone 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. You should file a suit for permanent injunction against the govt to restrain it from acquiring your land and dispossessing you. Once the govt takes the possession of the land it will be an uphill task to recover it,

2. The civil courts in India take long to decide cases due to the huge pendency of cases but in your case temporary injunction may be granted even on the first hearing whereas the disposal of case would take time. Your purpose would be served the moment temporary injunction is granted.

3. You are free to fence your plit. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1. First find out whether the Govt has acquired the land or not through RTI route. If your land has not been acquired by Govt., then it can not trespass in to your land and place the foundation stone,

2. If you find that your said land has not been acquired by the Govt., you can file a Writ Petition against the said illegal act of the  Govt.,

3. If your land has been acquired by the Govt., you shall be compensated as per Govt rate. If the Govt. rate is  far inadequate, you can file a Writ Petition seeking direction upon the Govt to pay compensation at reasonable rate.  
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Yes, you can hire an advocate to get the said information through RTI route,

2. It is not possible to predict the time of the Judgement to be pronounced by the Court which depends on many factors,

3. If you are conformed that your land has not been acquired by the Gov., you can construct fence t protect your land and remove the illegal foundation stone illegally placed on your land.

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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