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Kamil (CTO)     10 July 2012

Guidance needed on how to handle encroachment

 

We have an empty land  in chennai that has private lands on three sides as boundary and with only one side road access.

 

Some encroachers have encroached all the frontage except about 3ft of access to our property They have occupied road side poramboke and also part of our patta land to an extent of about 1000sq ft. There is clear illegal encroachment and the same has been established when the government surveyor did the survey. However he declined to certify that there is an encroachment in the property. I approached the police and they are saying that I should take legal course as this is a civil case.

 

Can the learnered members of the club guide me on the following questions

 

(1) Who has to certify that there is an encroachment in the property? 

 

(2) What are the documents needed to take legal action against the ecroacher apart from title deed and patta? Do I need a certificate that there is an encroachment or will the court direct somebody to establish that there is an encroachment?

 

(3) The encroachers are citing a B-Memo issued by the VAO as a basis for their stay which has been issued for the road side poramboke land in front of our road approach side (between our land and the road). Can the VAO issue a B-Memo to the poramboke land in front of our property when that side is our only  road access side.

 

(4) What is the role of tahsildar in this issue? How do I fight this encroachment?

 

Thanks for your valuable suggestions.

Regards

Kamil



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 July 2012

File a civil suit in the court for removal of encroachment and possession. Get the land measured by the govt officials by making an application to the appropriate govt department and paying the prescribed fees for the same.  If it shows encroachment then, file the civil suit as aforesaid along with the said report. 

2 Like

Ashok B (self employed)     05 August 2012

Dear Kamil, I also face some what same situation. I have a land in the outskirts of chennai. I have clear deed for the past 30 years. EC up to date. (I wanted to sell the land, but did not get any good offer till this year). Last week when I went to the land I saw a hut being put. I immediately called the person nearby who had put the hut. I asked him to remove the hut. He told me that I had purchased the land from his grandfather without their consent. His grandfather had clearly mentioned in the deed that he was the absolute owner. I am now talking to him. If things don't work, I would have talk some course of action.

Kamil (CTO)     06 August 2012

Hi Ashok,

Their intention is to create some ruckus and gain some mileage out of it. If you talk to them, they will be more than willing to talk to you and milk from you. This is always done with local help of local revenue dept people and goons/politicians (I use these terms interchangably and with total disrespect as they both mean the same). Their advantage is that our civil procedures takes 10-15 years to complete and a person without even a shred of paper in hand can drag your case for 5 - 10 years. None of us have the time to go behind these in the busy schedules that we have with our careers. These goons take advantage of these facts and try to milk us. 

I tried taking these people to the police,  the police is only interested in their mileage from us in this game. The revenue officials, they are interested in their mileage from us in this game. Local politicians, they are interested in their mileage from us in this game. If we talk to encroachers, they are interested in their mileage from us.

Unfortunately, I have not met a non-corrupt person in the related government departments who have not tried to gain mileage from this situation.  Many things have to change in the scociety for genuine people like us to even feel comfortable and confident about handling such things.  

I filed a RTI petition seeking some information on this property, even after the second appeal, response has not come from the revenue department. Working with government departments with insensitive idiots holding posts and doing work only for people who grease their hands is disgusting and depressing.

There are rules on the paper for every bl**dy thing but nothing really works and the government staff make sure that these rules dont work and only people who are willing to pay every tom d**k and harry in their department get things done.

I am writing this in frustration after visiting the police station 10 times, revenue dept office 15 times and  taluk office 10 times and talking to some local politicians there(I am not exaggerating here, these are actual numbers). 

I wish you all the very best and let me know how things went for you.

Cheers

Kamil

Ashok B (self employed)     07 August 2012

Hi Kamil, thank you for sharing your valuable thoughts. Fortunately. the issue is sorted out amicably.

Ram (engineer)     04 August 2013

We have got a plot in chennai outskirts measuring 36*55 feet.
Last month,next plot owner had  removed our fencing concrete pillar &
encroached 8 feet widdth (444 sq.ft) of our land & constructed the compound wall.

Plz guide me for these questions
1.Shld i give Police complaint?
2.Will it be effective to go to surveyor??
3.Wht shld we do to fight against encroachment??


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