Land dispute
Sangeeta
(Querist) 09 January 2016
This query is : Resolved
Dear All Experts please give your opinion of below noted case.
We are running a Trust and our Trust have purchased a Land beside a Railway track the distance of Railway track to my land is 1/2 K.M. and we have all legal documents to me which will establish that the land belongs to our Trust i.e SALE DEED, MUTATION CERTIFICATE AND LOCAL PANCHAYAT PARCHA. now the case is when we are engaged in our construction job the railway department officials and some RFP obstruct our construction job and claimed that the land belong to RAILWAY if we do not stop the construction job then they will put us behind bars. After this incident one Advocate gave me advice to put the law into motion and file a case u/s 144 Cr.P.C. but since the incident of 6 month the local police did not put the enquiry report before court. Now seeing the apathy of police i have filed a RTI application to the CPIO of railway indicating the incident and asked them to produce the details of land whether the land belong to railway or not and desired some information like SALE DEED of particular land and GAZATEE NOTIFICATION of that particular land.
please advice me am i going to the right direction or what to do.
thank you sir
SURESH BV, Advocate
(Expert) 09 January 2016
Ms.Sangeetha, After issuing Statutory Notice to the Railway Authorities, you can file an injunction suit restraining them from entering into your property.
Rajendra K Goyal
(Expert) 09 January 2016
You can also file RTI with the local police for information.
P. Venu
(Expert) 09 January 2016
A civil suit alone is the remedy. First of all, serve Notice under Section CPC. If the relief required is of immediate nature, the suit could be filed without serving the Notice, but seeking leave of the court on this aspect.
Dr J C Vashista
(Expert) 11 January 2016
1. DId you confirm status of the plot/land before or after purchase regarding ownership, acquired or under acquistion by Railway? The railway authorities/RPF shall not act in such a manner (as stated by you) without acquisition/ ownership.
2. I fully agree with experts, issue notice u/s 80(c) CPC and file a suit for permanent and perpetual injunction, if the Railway authorities are obstructing construction and you are actual title holder and in possession.
.
K.S.Srinivas
(Expert) 22 January 2016
I go with the Expert Dr.J.C.Vashista.
