Hi, I am Mahesh Anavatti Shimoga Dt. We have 1 ekra 16 gunta and our uncle had the same its from our grand father. our uncle illegally acquired 1.5 guntaa of land and two years back our uncle drilled bore-well in our area. They are using it. We asked the poodi to survey dept one & half year back itself. Now the ADLR ordered bore-well side will be to our uncle and they will give other side to us. and we said whatever they spend for drill the bore-well we ready to pay and land has to be given to us. So kindly suggest us how we can go ahead, is it possible any old case reference so that I can show it to ADLR. Kindly need your help.
Thanks and Regards
Asked in Criminal Law from Anavatti Sorab Tq Shimoga Dt, Karnataka
1) if your uncle had drilled bore well in your are of land and started using it you have to file suit and obtain injunction restraining your uncle from disturbing your peaceful possession of land and from using the bore well lying in your land
2) in the alternative you can accept the offer of your uncle to take other portion of land in lieu of land drilled for bore well
If you are not willing to proposal made by ADLR and if they are not willing to accept your proposal to buy the borehole, then you dont have any option than to approach civil court with a mandatory injunction suit for removing the borewell dug in your property by them and to handover vacant possession of the encroached portion of your property or to revert with the present case to the regular court.
You always give preference to conciliation and mediation efforts, if the efforts ultimately fail to fetch any fruitful result the case may be reverted to the regular court.
If your uncle has trespassed into your share of land then file a suit for partition to cull out your share which has devolved on you through succession.