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regarding forest land grant

(Querist) 01 December 2010 This query is : Resolved 
sir,
i have a land in kumta taluk , uttarakannda district , i have encroached land before 1978 ,can i get geant that land
s.subramanian (Expert) 01 December 2010
I believe that you want a grant of a government land on the ground of encroachment and occupation. For claiming adverse possession against the Government the period of enjoyment must be thirty continuous years. Since you are in possession from 1978,you can claim such a grant. If you are given such a grant.approach a civil court by way of a suit for declaration of your title on the ground of perfection of title by adverse possession.
s.subramanian (Expert) 01 December 2010
If it is forest land,it will be impossible for you to get such a grant since the Supreme Court court has specifically and categorically laid down in the case of T.N.Godavarman's case that a forest land cannot and should not be put to non froest use.
Arvind Singh Chauhan (Expert) 01 December 2010
Subramanian Sir solved the query.
Advocate. Arunagiri (Expert) 01 December 2010
I agree with Mr.Subramanian.
Rajeev kulshreshtha (Expert) 02 December 2010
I also agree with Subramanian Sir
M V Gupta (Expert) 02 December 2010
If you are an adivasi or belong to tribal community, you may not be dispossessed of your land. Various State Govts are contemplating to confer certain rights to such people. Check up the position with the collector's Office.


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