Encroachment

what do u want to us ?

we suggest u how to do some illegel thing in safely manner.

That's not our job. we didn't suggest u about how can u do an illegal act.

Sorry dear but this is not a lawyers job.

Dear Mr. Murli.

We are not going to suggest you illegal methods. However, let me clarify a few legal points.

Your observation is that some people encroach on a plot of land which does not belong to them and they do not have any right on the land. However, after a period of time they become owners of the plot and then also manage to get proper documents to prove their ownership.

Your observation is correct. The initial encroachment is illegal and the people can be brought to Court for their crime and can be punished. However, the case has to be filed by the owner or a party that has soem interest in that plot of land. In case the owner or any other person having rights files a case then such encroachers will be punished and evicted from the land.

However, in some cases, the owners and other rightholders do not file a case or do anything to evict the encroachers. In India such people develop rights on the plot of land if they can prove to th eCourt that they have been in adverse possession for a long period of time. This period varies from 12 years to sometimes 30 years depending on the case.

Saometimes, in case of very poor people who do not have any other place to live, the owners themselves decide to give away a part of the plot to such encroachers so as to get vacant possession of the balance plot. This is a compromise that the owners work out with the encroachers feeling that litigation will take long time and require lots of money.

In both cases cited above, it is possible for the encroachers to get rights to the plot they have encroached. But this type of method is illegal and should nto be reosrted to by law abiding citizens.

Hope this clarifies.

S Jadhav

In case of government land it is the governent own policy to allot the land who has encroached on the governent land and are presently in possession of the land.

Sorry for not explaining the situation correctly, infact I wanted to decide which way is illegal and which is leagel. The lands are government land which comes under revenew department, and is unused and there is no owner of these lands. The people who are encroaching are poor landless people or pretend to be poor and landless. These lands are leftout lands or neglected lands by the government and there is no record of these lands in the revenue department. Those people first construct a hut which is getting demolished again and again and the keep on constructing them repeatedly, after some two or three years they are being given electric and water connection and then pakka documents. Is this leagel or illegal and if it is leagel what is the law regarding it, and if the land can be purchased from the government, if yes then what is the procedure.

There is no record of these lands in the revenew lands but I said that these are revenue land because these are inside the town between the revenue lands which have records