Width of pathway/cart track in agricultural land in the absence of specific mention in old documents
RAMA KRISHNA
(Querist) 02 March 2012
This query is : Resolved
Sir, I am in a problem. My fahter in law has sold some part of agriculture land to the vendors with north boundary as Baata/foothpath/path without mentioning the width.
I have filed a writ in High Court.
Are there any old Judgements.
Is there any specific mention of width of foothpath/pathway in the absence of spcific width in the old documents.
Raj Kumar Makkad
(Expert) 02 March 2012
Your lawyer shall find out the relevant citations. Why are you worry for those citations. He who leads a case, knows how to find.
Deepak Nair
(Expert) 03 March 2012
Wess said Rajkumar Sir.
RAMA KRISHNA
(Querist) 03 March 2012
Sir,
Brief Details of the case are:
In the year 1994 our father-in-law has sold Ac.0-22 cents of Agriculture Land to Smt. Prabhavathi with North Boundary as ‘Bata’ i.e. Baata (the width of passage/foot-path left by me to go to my agricultural fields)
.Again in the year 1995 our father-in-law has sold Ac.0-26 1/4 cents of Agriculture Land to Smt. Prabhavathi with North Boundary as ‘Bata’ i.e. Baata (the width of passage/foot-path left by me to go to my agricultural fields)
Later they constructed Appartments after obtaining simple permission from TUDA (Tirupathi Urban Development Authority) by showing the North Boundary as ‘Road’ without mentioning either 20 or 30 feet and sold away the Appartments to 30 to 40 persons.
The Municipality has laid 33 feet tar road.
Now they have encroached our land that in the absence of specific mention North Boundary they have taken advantage of it.
As per A.P. Survey and Boundaries Act Sec.26 wherever in the old document in the absence of specific mention of width of Bata/foot path or cart track the footh-path is 4 feet and Cart track is 10 feet.
We have asked MRO to survey the land and mark our boundaries as per title deeds. But he did not done so.
The MRO has filed a counter stating
i) the land is not sub-divided,
ii) There is no cart track as per FMB Field Measurement Book
iii) the present position is that ‘it is not agricultural land it is a residential area/Appartments’.
Request to find any Suggestions please. I am very thankful for your kind help in this regard.
