In the absence of specific width of footpath/pathway in agricultural land how can we deal with it.
RAMA KRISHNA
(Querist) 03 March 2012
This query is : Open
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 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.
Also registered to the Appartment flat owners North Boundary as 33 feet wide road.
The Municipality has laid 33 feet tar road.
Now they have encroached our land that in the absence of width 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 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.
