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SATYAJEET (Professor)     16 January 2015

Construction of private road on personal agricultural land

There is a paternal agricultural land property in the state of Bihar. I currently live in  Uttarakhand. Three days back (12-01-15) I received a message from someone that some people have constructed a private road on part of our plot that has laid vacant for one year without our prior information & consent  We have all legal papers with us. The deed is in the name of our grandfather or our uncles. We have verbally and in writing, divided our paternal property but have not yet done mutation.

I do not want to give our land area under discussion. Some persons have illegally encroached the land without our knowledge and assent.

It may be noted that:

a. We are a minority (the only family with few relatives) who live in that village. The rest come from other castes.

b. My father, who is physically challenged, lives back in village along with grandmother.

c. My brother & myself live away from village to eke out our livelihood.

d. Some people have already threatened in past to uproot us by forcefully capturing our property.

My query:

1. Can we handle the issue from  Uttarakhand for the property in a village in  Bihar?

2. What are the ways to protect our family and property, as we fear threat to our lives and our property?

 

Please guide.

Thanks & Regards,

Dr. S. K. Bhagat



Learning

 3 Replies

naveen arya (member)     16 January 2015

Complaint can be given to S.P of that area about danger of your and your family members life. And also about encroachment.

Advocate Ravinder (Advocate/Attorney)     16 January 2015

You said that you are minority.  It seems they are doing goodaism.  You cannot face them so easily.  You can take help of S.P., but at the same time meet some prominent person (sarpanch, leader etc)  in the village and take their help.  First give a police complaint in the local PS, marking a copy to S.P. Meet SP personally. 

 

After that file a civil case against the encroachers for mandatory injunction to remove the road along with damages and legal expenses.  Engage experienced and reliable lawyer preferably from other village. 

T. Kalaiselvan, Advocate (Advocate)     19 January 2015

Yo cannot sit at Uttarkhand and fight the case at Bihar.  You have to come down to the place where the property situate.  this is case of civil nature, you have to approach the court for mandatory injunction against the encroachments. Consult a local lawyer and go ahead with the civil case as per his further advise.


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