Land encroachment
Ramanathan
(Querist) 13 July 2010
This query is : Resolved
My father expired 4 years ago. He owned a land (survey no 167/3) in 1988 in my native village whose total area is 34 cents. Now when we tried to mark four side boundary for the plot using government surveyor, we found that 25 cents out of 34 cents is acquisted by a family and they hold a house in that area. When we checked their documents, we found their area belongs to next survey number (survey no 168/4). But they have their house mistakenly build more than for 45 years in our survey number (167/3). We have clear documents, patta, EC for 24 years (min) and we are paying land tax for our entire plot (167/3) regularly. They dont have any documents related to our survey number. But they hold document, patta and paying tax for their survey number (168/4). Means, they are paying house tax for a house, which was not actually build on their survey number but on a belief it is.
Is it legally possible to vacate them and how long it will take or Is there any other possibilities to solve the issue. Kindly advice.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
U may sue them for compensation but not for getting your land back as their construction is not old but also under a bonafide mistake.
