kaloboran mahapatra (service) 24 July 2018

Demarcation of vested land prior to execute the lease deed.

Xyz company submitted a proposal in the year 1993 to district collector in west Bengal for long term settlement for 30 years of 5.20 acre land. Advance possession was given to the company , execution of lease deed could not be completed as the company failed to pay salami and rent for the last 24 years. My query

In event of the company pays lease fees etc, Can District collector execute lease deed now without demarcation of land?
Can adjunct land owner request the collector for demarcation of land prior to execute the lease deed.?
In event of refusal can adjust land owner seek court interference.

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3 Replies

Isaac Gabriel (Advocate) 23 September 2018

Dids you contact the collector.Send a request seeking permission to settle the lease amount if at all the possession is with you.

kaloboran mahapatra (service) 23 September 2018

Thanks fr reply. Contacted the collector and requested to demark the vested plot area.no respose fr last one year. The vacant LTS land is not in my possession. I am the adjunct plot owner. X Company was given LTS in advance 24 years ago and did not pay any amount. Now the Collector has asked X company to pay with interest and execute the LTS. Can I seek court to appoint court surveyor. Pl advise, regards

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 23 September 2018

Possession without demarcation cannot be given in the given facts. You may definitely go to civil court seeking stay order against specific possession.