Prabhat Jani 02 July 2025

Illegal occupation on our agricultural land and profit recovery options

Hello everyone, We need some guidance regarding encroachment on our agricultural land issue. Someone has been living on and using our agricultural land for the past 30 years. Recently, we applied for Simagyan at the Tehsil office, and later, we verified our land boundaries using a superimposed map (by overlapping Google Maps with the Jamabandi records). That’s when we discovered the encroachment. The people who have occupied the land are our neighbors. We want to know which section of the Bharatiya Nyaya Sanhita (BNS) can help us remove this illegal possession. Will 111(7) will work here? Also, a case about the same land is already going on in the SDO Court under the Rajasthan Land Revenue Act, 1956, specifically Sections 111 and 128, which are related to Simagayn And PaththarGaddi. The people staying on the land have been farming there and earning profits for years. Is there any legal way we can claim the profits they have made from our land? Thank you in advance for your help and advice.

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Quick Summary

This discussion addresses a long-standing encroachment on agricultural land, discovered via a Simagyan application and boundary verification. The encroachers are neighbours who have occupied and profited from the land for 30 years. The user is seeking guidance on relevant sections of the Bharatiya Nyaya Sanhita (BNS) to remove the illegal possession and whether Section 111(7) is applicable. A related case is already ongoing in the SDO Court under the Rajasthan Land Revenue Act, 1956. The user also wants to know if they can recover profits made by the neighbours from their land.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 03 July 2025

The property had been in their possession and enjoyment for over three decades hence they may perfect the title by operating law of adverse possession.

Your claim may be barred by limitation, however you may consult an experienced lawyer in the local and proceed as suggested

Dr. J C Vashista (Advocate ) 03 July 2025

Whether the neighbour has claimed adverse possession of encroached portion of land? If so, different law shall apply otherwise file a suit for demarcation before jurisdictional Revenue Authorities.