Can abadi land be used by another neighbour after demoloshing the boundary wall of my house
gangesh
(Querist) 31 May 2014
This query is : Resolved
Hi Sir.
My house is built on the abadi land of village as shown in the revenue records of the gram sabha of the village in uttar pradesh.I have also made a boundary wall around my house and there is a madaha(Tin shed) for putting the cattles situated inside the boundary wall. This tin shed was erected by my family and we are using this madaha from previous 25 years . Now one of my neighbour has domolished the boundary wall of my house and has acquired the madaha in my absence.So I want to know that:
1)Do I have the full right to use this madaha (built on abadi land)?
2)Can my neighbour also claim to use this madah which was situated inside the boundary wall?
3)Can I made a police complaint about the guilty person who has demolished this wall in my absence and is the police bound to take action against the guilty person?
4)What are the sections of IPC that can be imposed on the guilty person who has demolished the wall?
Dr J C Vashista
(Expert) 31 May 2014
Neither of you have title of the property which belong to Gram Sabha.
malipeddi jaggarao
(Expert) 31 May 2014
Both of you do not have title. If your house is built on abadi land, are you paying house tax? If you are paying house tax and having electricity/water connections in your name and you are in the peaceful possession for the last 25 years, you got the title by adverse possession. You can complain to the police by producing your house-tax receipts, electricity bills etc., and seek their assistance for eviction of the illegal occupant. You are living in a village. Will not the village elders settle this type of issues?
Rajendra K Goyal
(Expert) 31 May 2014
As both of you are not having the title, better settle the matter amicably.
gangesh
(Querist) 31 May 2014
Actually my grandfather has won a case in tehsil on the section 122b of the said land 25 years ago and since we are living at that place.
Advocate Ravinder
(Expert) 01 June 2014
I completely agree with Malipeddi jagga rao. But to the extent of getting title by adverse possession is not correct. He should be in possession for 30 years to get the adverse possession for government land. For private lands it is 12 years.
The rest of the answer is correct. Even the illegal encroacher cannot be evicted without due process of law. Hence, the encroacher can file a case to get the possession but he will not get title.
Dr J C Vashista
(Expert) 01 June 2014
I fully agree with the experts Sh. Malipeei Jaggaroa and Sh. Ravinder P. except the point of possession for 30 years, whereas it is 33 years, to get the adverse possession for government land and for private lands it is 12 years.
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
It was you who were utilizing the government land so far without any right over it, now it is the turn of your neighbor to encroach the government land for his personal use. Thus, both of you want to grab the government land illegally but want to know the availability of any legal solution to convert illegal act into legally valid one (?), if you do not agree to your neighbor's encroachment of govt.land, you can very well write to the local revenue authorities about this illegal act so that both of you shall be away from it or go for an amicable settlement between you so that the problem will be totally solved.
Raj Kumar Makkad
(Expert) 01 June 2014
One wrong doer cannot allege against another wrong doer. Legally neither you nor your neighbour has any right to encroach upon the govt. land but demolition of your boundary wall is definitely a criminal act on the part of your opponent against whom you can take civil as well as criminal action.
