Land Acquired By Police Dept Maharashtra (Rural)
Dhananjay
(Querist) 07 June 2011
This query is : Resolved
I am dealing with a property in Maharashtra, wherein on the revenue record of the said property name of Police Station is reflected.
From the Revenue Record it appears that the said land was acquired by the Govt (Police) in the year 1955 without following the due process of Law. Further it appears that, name of Govet is recorded in record of right vide a Kam Jast Patrak.
I have gathered information from various Revenue Depts under Right To Information Act.
From the said information it appears that the said Land was not Acquired as per the provisions of Land Acquisition act nor same was acquired by the Govt by other modes i.e. Sale Deed, Gift Deed etc.
As the said land was not maintained and looked after by Govt., same has been encroached by slum.
Further I made an application to S.P office Rural Dept under RTI Act, where by asking for the information about how the said land was acquired by them. I received an reply from them which mentioned that they do not know how the said land was acquired by the them nor they have any document to show there title.
I would like to know, whether in this case the Original owners will get their land back from the Govt?
PALNITKAR V.V.
(Expert) 07 June 2011
Yes. You can file a suit for possession.
Raj Kumar Makkad
(Expert) 08 June 2011
There cannot be straight answer to your query without going through various documents and pleadings of the proposed case. One can raise a question viz. where were original owners till date? what action they have taken to get their land back from encroachers or police authorities etc?
Law of limitation and Law of adverse possession are major hurdles apart from other pleading which cannot be anticipated at this stage.
PALNITKAR V.V.
(Expert) 09 June 2011
Can police dept claim adverse possession?
