We have khasmahal land of 600 decimal, and we are staying there since last 55 years, our entry gate is from east, and as per amin government has kept a wide road of 66 feet there and we have taken nearly 20 feet more while construction long back since construction has done .
as this is not the main road of the town as it was inside lane and now raod wide is 40 feet, so is there any way that we can lease that land which was extra constructed as per amin, because inside residential area there is no need of 66 feet wide road, as we dont want any future letigation any way out that land can be lease or purchased what will be the solution , as khasmahal land was also not converted into stithvan land.
Asked in Property Law from Jatani, Odisha
1) you have encroached upon land reserved for the main road
2)you cannot lease or purchase land encroached by you
3) muncipal corporation cna demolish unauthorised construction made by you
It is your statement that you have taken possession of 20 feet land which legally does not belong to you. So if you do not have the title to this land then you cannot lease it. You are liable to be prosecuted for criminal trespass if you have usurped a land which is not yours.
The extra land now under your possession is nothing but an encroachment.
You cannot give a legal paint for this illegal act giving some flimsy or fake reason.
Occupying government land itself is a crime but giving reasons for such an act is more than an offence, hence better take cautious step in this regard.