LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raghavender (Software Consultant)     27 March 2015

Can i file a police complaint

I own a piece of agricultural land. Reliance Gas has layed gas pipeline through it without paying any compensation to me. Actually previous owner colluded with them and knocked away the compensation in my absence. They failed to verify land records properly as mutation was pending on the file then. Despite following up the case with them for nearly 6 years, they have never relented. They never acquired any right from me nor I was notified regarding land acquisition.It is a clear violation of P & MP Act 1962. Can I file a case of tress passing against Reliance Gas and cheating case against previous owner ? Please advise.


 11 Replies

Adv. Mandar Pimpalkhare (Advocate)     04 May 2015

Mr. Raghavenderji

It would be more easier and beneficial if you provide the details 

1. when you purchased the said agricultural land?

2. when you applied for mutuation?

3. when acquisitation for gas line started or when laying of gas line started?

if these querries are answered it would be better to guide you on this issue.

1 Like

Raghavender (Software Consultant)     04 May 2015

Dear Mr. Mandar Pimpalkhareji,

1) Purchased in Jan 2004

2) Applied Mutation in Feb 2004

3) Acquisition started in Mar 2005 and laying of gas line was completed b Jul 2008

Thanks for your time and expert advice.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 May 2015

You became the owner of the land in February 2004. The laying of gas line started in March 2005 and completed in 2008. You were already owner before start of work. How did you allow the laying of the pipeline without your permission?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 May 2015

Trespassing is a criminal offence. In such cases police complaint has to be made immediately or within a short time. If there is appreciable delay your permission can be implied. Thereafter it will become a civil dispute. Even in genuine trespass cases the police drag their feet.

Raghavender (Software Consultant)     04 May 2015

Actually, they layed the pipeline while I was out of station without my knowledge. Initially, they falsely assured that compensation shall be paid after ascertaining facts and gradually they started citing procedures involved and large scale operations. All my written representations were ignored. Lately they started denying upfront attributing ulterior motives to me. I have recently petitioned Collector and District Magistrate which is underway but is there any way I can excert pressure on them for their wrong doing and callous attitude.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 May 2015

There are two factors to the case. The first and most important is your right to refuse. The second one is compensation. Both cannot be availed together. If you opt for the first one the question of the second would not arise. If you opt for the second the first automatically lapses..

If your option was the first one you could have taken action for criminal trespass. As you have opted for the second, you have now only civil remedy.

Raghavender (Software Consultant)     05 May 2015

Madam, I have opted second one as I gave up on the first because the other party as a Govt. agent can have upper hand over my ownership and the likely hood of removing the laid pipeline is near impossible. Did you mean, I can refuse to give my consent and force them out even now. How taxing would that mean ? Endless court suits and a fortune ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 May 2015

It looks I have to write my name Dr.(Mr.) M. P. S. Ramani

I did not ask why you did not ask them to vacate.

What I wrote was purely legal aspect. If there is any record of any transaction or negotiation on the question of compensation, it would imply that you have accepted the entry in principle. Thereafter you cannot complain of criminal trespass. A trespasser has to be evicted and punished.You won't negotiate with him.

Whether it is eviction or compensation or eviction and compensation it can only be a civil case. You can go to court asking for compensation. If there is record that the previous  owner had accepted compensation then you will have to file a case against him or include him. If the previous had a deal with the agency and he had not informed you before your purchased the you can have a claim on him. But all that would be difficult.

Reliance Gas is a private company. If you file a case against them at least they will have to communicate with you through court. You can know what is their stand on the issue.

Raghavender (Software Consultant)     05 May 2015

I am aware that P&MP Act 1962 was violated by Reliance who is the authorised agent of Govt. Its a fact that 'right of use' has never obtained from me nor any compensation was paid to me. Reliance personnel had colluded with previous owner who was wrongly paid the compensation. I am not interested in their compensation. Is it possible and legally feasible to evict Reliance and force them to remove pipeline from my land even when they are ready to compensate now. I understand it involves legal wrangle but do I stand good chance to evict them. Thanks for your time.

Adv. Mandar Pimpalkhare (Advocate)     06 May 2015

Raghavenderji I know you are fighting for last 6 years; you must have knowledge of these provisions. However after reading your post and reply to my querries i have gone through the provisions of the Act, so to help and to gain little more knowledge i am sharing the said provision and suggestions in short.

As per the section 3 of the P & MP Act 62, a notification in official gazette of India is published notifing the land to be acquired to lay pipelines and objections are called u/s 5 of the Act. Do you have any knowledge of such publication and have objected. After this a declaration is issued u/s 6 of the said Act whereby the said land vest with Central/State Govt. or corporation as the case may be.

Coming to your querry sir, whether the right of user of said land vest with state govt. or reliance gas, if its with govt you can procure information under RTI regarding the payment of compensation to previous owner of your land and if its still pending you may object release of payment to him by supporting documents of sale executed between you and previous owner. One more query sir - you have said that mutation was applied in Feb 2004, when did you get corrected copy showing your name and rights over said land.

Raghavender (Software Consultant)     06 May 2015

Dear Sir/Madamji,

Reliance in their reply referred to such notification published by Govt in Jun 2003 followed by declaration in Mar 2005 vesting the right of user in Reliance. Subsequently, notice of termination of operation dt Sep 2009 was published at concerned MRO and Gram Panchayats but I do not reside in the village and hence was not aware of these notifications.I only came to know it through their letter dated feb 2013. 

Reliance has mentioned in their letter that compensation has been paid to previous owner as per revenue records while my mutation was pending on their file. I have recently procured mutation certificate from MRO records that show the land in my name since Jan 2004 till now but mutation has been effected in Apr 2006 (as per Reliance letter) and was pending owing to lethargy and callousness of MRO.

My humble and simple question is, can I evict an entity like Reliance from my land on the grounds that my consent for right of use was not acquired from me and no compensation has been paid to me despite approaching them umpteen times. If I cannot evict them on these grounds, to make good the loss, I shall consider acceptance of compensation, which they had been denying so far.

I have petitioned Collector and Dist. Magistrate with facts of the case and a request to intervene in the matter, which is being investigated by Tashildar.

Please suggest me alternatives based on which I shall move further.

I thank you for your time and attention !

Regards !

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register