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encrochment by govt dept

Querist : Anonymous (Querist) 29 March 2010 This query is : Resolved 
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Posted On
29 March 2010


my father died before i was born 1948, we have agriculture property in delhi, some of property aquired by govt in 1960, my mother was illitrate, their, now after 50 years i got to know that 7000 sq yard of my land was not aquired by any govt dept, was still on my name in revenue registers in jamabandi & girdawari, but land was encroached by varios govt agencies MCD & rehabilitation dept, a group housing society, DDA , i have confirmed from all deparmnts, land was not aquaried ,what can i do now ? can i get my land back ? or can i get any compensation?


also i want to know now can i claim for an alternate plot in lui of my aquired land ?
bhagwat patil (Expert) 29 March 2010
it interesting if it is not aquired.you will get compensation,with soletium and interest ofcourse this is tiring time consuming process.u may go for litigation contract.
Raj Kumar Makkad (Expert) 29 March 2010
In the given case, you have every right to take back your lost land from Govt. agencies. You first engage a good and reputed lawyer and then issue a legal notice through him to all such agencies seeking vacation of your land within a specific period and solatium/compensation for illegal use of such land since last many decades and then follow the guidelines of such lawyer.
Parveen Kr. Aggarwal (Expert) 30 March 2010
Yes. You can get back your land. For this you will have to serve a legal notice to the appropriate government as well as the departments thereof who are occupying the land.

So far as remedies are concerned, you may file a writ petition or may file a suit for possession of the land and for mesne profits for wrongful use and occupation.

Government or any of its instrumentalities cannot occupy land of any private individual without acquiring it under law of acquisition and making payment of compensation to the person interested therein.
Kumar Thadhani (Expert) 01 April 2010
I agree with all experts.


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