Land encroached by municipality
Kumarsirik
(Querist) 17 February 2013
This query is : Resolved
Dear Experts
I am seeking help from an able advocate residing in and around Hyderabad and who can handle a case of encroachment. The land in contention was awarded to my Grandfather for being a political sufferer. We adhered to the conditions of mandatory farming, tax remittance, non alienation of land for a period of 10 years from the day it was awarded. On his demise my Father and his brother inherited the land. Pattas were issued in their names. Due to their occupational obligations they were not able to secure the land by pursuing agriculture or by putting it to any use since the early 90s.
When my brother visited the site he noted that the municipality had constructed a concrete structure in about 97 cents of our land. First the RDO threatened us that this was done as we have alienated the land and the owners are not traceable.
The land in contention was allotted in 2 segments of 10 acres and 5 acres respectively. The very same RDO issued and NOC for the 10 acre piece and started playing games to allow us possession of the second piece.
I appealed to the JC and the JC issued orders to the RDO to settle the matter amicably and warned him against malpractices. That was an year ago. He was still not throwing light on how he proposes to solve the issue. The construction was due to wrong records. And he is also a special officer to the local municipality. If he restores to us possession of the property he has the onus of explaining the expenditure incurred on constructing the structure. He seems to be in a catch 22 situations and avoids our attempts to contact him either in phone or in person. The village where the land is situated is about 300 km from Hyderabad and we cannot frequent the place to pursue the matter.
I seek the help of an advocate who is willing to take up this case and settle the dispute at the earliest. '
I entrusted to an advocate who has not filed a case for last one year and has taken a whooping 25 k all in advance. I sense that he has not filed a case.
Sudhir Kumar, Advocate
(Expert) 17 February 2013
No way civil suit will be needed. In case your uncle who inherited land had not followed consdtitions of allowtment the land may have been lawfully confiscated and you may be having no case. Your claim may also be time barre3d by now (although you are nto clear of the facts) ask your uncle if he received any SCN etc. Consult local lawyere with papers.
Kumarsirik
(Querist) 17 February 2013
Please note the following sequence of events.
Land Allotted to Grandfather in 1968 to an extent of 15 acres.
It was encroached by nomads.
My grandfather fought a case with local magistrate and requested alternate arrangement of land.
He was given patta for two pieces of land 10 and 5 acres in lieu of the earlier allotment.
He carried agriculture for 3 years.
The same nomads destroyed crops and occupied these lands.
My grandfather goes to High Court and gets an absolute injunction order and secures his land.
The local people were evacuated on orders passed by HC.
By 1976 he regains possession of land and continues agriculture for 3 more years.
Every year crops get damaged by miscreants.
He did not have money to further any agricultural investments.
By then he fulfills all conditions pertaining to assignment of land for a political sufferer
He passed away in 1992 and the land was inherited by my father and uncle.
They continued to pay tax.
In the year 2004 my brother noticed that a construction was coming up in the 5 acre piece.
He requested the local authorities to get a survey done for 5 acre land, but, gave us a layout for the 10 acre land.
They do not oblige for reasons not known.
In 2010 we sell the 10 acre land and the local authorities have given us an NOC.
We pursued the case for survey of the 5 acre land.
We appeal to JC and he gave directions to the RDO to settle the dispute.
Then the RDO said that the allotment for Municipal dump yard was an accident as their records were not proper.
JC suggested he negotiate an alternate allotment.
The RDO proposed an allotment of 12 cents in lieu of the 97 cents occupied unlawfully by municipality.
We are not agreeable to the proposal and decided to fight the case in the court of law.
I have in possession challans remitted for surveying land, reminder letters requesting authorities to act on our request, letter to JC explaining our woes in addition to Patta Passbooks
I hope the chain of events explain the problem statement.
ajay sethi
(Expert) 17 February 2013
contact a local lawyer in hyderabad . issue legal notice to muncipal corporation .
Kumarsirik
(Querist) 24 August 2015
I filed several RTI applications to obtain info from Pollution control board, Municipality, Revenue departments, Collectorate to obtain information on validity and legality of the MSW dump yard. Why Pollution control board? the answer is that the MSW is on the banks of a river/canal that serves irrigation down stream. Pollution control board responds that they are not aware of any request seeking for setting up the dump yard at the said location, in compliance with MSW Act of 2000. Municipality is not in compliance with the said act. Revenue denies alienation of land to municipality. Collectorate, Secretary CCLA did not respond to my RTIs yet. I asked a village map from municipality indicating the dump yard. What they gave is wrong. I can prove from google maps. MRO refused to give a village map with dump yard indicated against my RTI. I have enough material to file a case and the case was filed and I see for last 6 months the status, online, did not change from Interlocutory(Revenue). My advocate says that he is waiting on GP to file a counter affidavit. My queries are
1. How much time GPs are given for filing counters?
2. Usually, what is the procedure for handling such cases.?
3. Can I approach local press and create a flutter so that the government comes to know that a dump yard is constructed with wrong identification of land and that too posing a potential pollution issue to a fresh water source?
Kumarsirik
(Querist) 24 August 2015
Case open for experts to contribute
