Removal of encroachment
Legal Eagle
(Querist) 13 November 2008
This query is : Resolved
A piece of land which has been reserved as per the notification under Section 4 of the Acquisition Act, and at present there is some encroachment over it. For years the owner failed to take any appropriate steps. One of the encroachers had also filed a suit against a government body to get electricity wherein the owner was a party and the owner did not contest the same and the encroacher got the connection. DOes the owner have any legal rights over the said property, if so then under which act.
Jithendra.H.J
(Expert) 14 November 2008
refer Specific relief Act and try to find whether a suit for possession and declaration can be filed.
Srinivas.B.S.S.T
(Expert) 15 November 2008
for how many years the owner failed to take appropriate steps. Verify whether the lapse is enough for the possessor to claim adverse possession or not.
G. ARAVINTHAN
(Expert) 15 November 2008
There may be a chance of claiming adverse possession.
smilingadvocate
(Expert) 16 November 2008
As you said the said land is notified for acquisation under section 4 of the land acquisation act as such the u will have no rght over the same and the right rests with land acquisition officer, it is for the LAO who has to take possession of theland for if you arenot objecting for the acquisation you can show your title and obtain the compensation from the land acuqisation officer.
