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Cemented water tank constructed

(Querist) 15 May 2013 This query is : Resolved 
OUR FOREFATHERS HAD CONSTRUCTED A CEMENTED WATER TANK ON A RAISED PLATFORM AROUND A BANIAN TREE IN OUR VILLAGE SOME 50 YEARS AGO.
NOW SOME MISCREANTS HAVE DAMAGED THAT PROPERTY.
WE COMPLAINED TO THE GRAM PANCHAYAT ( THE DEEMED OWNER) AND URGED IT TO TAKE PENAL ACTION AGAINST THE WRONGDOERS.
BUT THE PANCHAYT SAYS IT IS NOT THE OWNER OF THE PROPERTY AS THERE IS NO WRITTEN RECORD AVAILABLE WITH IT INDICATING HANDOVER OF THE SAID PROPERTY TO IT.
WE ARGUED TO CONVINCE THAT ONCE A PUBLIC UTILITY PROPERTY IS CREATED ON SOME PUBLIC PLACE IN A VILLAGE( NOT BELONGING TO AN INDIVIDUAL OR OTHERS) IT AUTOMATICALLY BELONGS TO GRAM PANCHAYAT AND NO FORMAL HANDOVER FORMALITIES ARE REQUIRED TO BE OBSERVED.
IN ORDER TO PROVIDE LEGAL SUPPORT WE NEED COMPLETE LEGAL BACKING IN THE FORM OF LEGISLATIVE PROVISIONS OR COURT RULINGS ETC.
Khaleel Ahmed (Expert) 15 May 2013
You are advised to file a police complaint at your earliest and register FIR .There is no need to depend on the gram panchayath .
Rajeev Kumar (Expert) 15 May 2013
Register a FIR and urge them to take action against them.
Raj Kumar Makkad (Expert) 15 May 2013
Any person can move the wheel of criminal courts and police as the offence indicated by you is against the public hence move a complaint to the concerned police.

So far as permanent solution is concerned, either make a trust to look after it or personally look after the property or formally gift to Gram Panchayath by way of registered gift deed.


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