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Dileep   25 June 2020

Illigal construction in agriculture land

Hi all..in our 3 acers of agriculture land which is in telangana with clear title patadhar passbook some people constructed houses as we are not aware of that land , in the recent survey we got passbooks nd in RoR it is on our name so the houses are built almost 20years ago but its a property of our grandfathers so how can we get rights on that property


Quick Summary
This discussion addresses a complex situation where houses have been built on agricultural land in Telangana over 20 years ago, despite the land having clear title and passbooks in the owner's name. The original landowners were unaware of the construction until a recent government survey. The core issue revolves around potential adverse possession claims by multiple occupants versus the legal rights of the landowners, especially given the land's agricultural designation. Advice suggests consulting a local advocate due to the unique legal landscape in Telangana, particularly concerning historical factors like Naxal occupation that may have led to landowners being absent.

 4 Replies

Dr J C Vashista (Advocate)     26 June 2020

What were you doing for the last 20 years if the subject property was acquired by your grandfather ?

Dileep   26 June 2020

We dnt know the land details until the new survey done by the govt and we got to know when govt started giving new passbooks..now we have passbooks and also we got crop loans and also we are geting rythu bandh and the posission was not by a single person but multiple people constructed houses so as i read some articles that tge adverse posission is claimed when there is a single occupant but here there are multiple houses and more over its an agriculture land so how can they built houses

G.L.N. Prasad (Retired employee.)     26 June 2020

Contact local advocate for due guidance.  In Telangana, the situation is entirely different when compared with other states.  (then PM PVR is  also not an exemption)The landlords fled from villages to Hyderabad due to Naxal occupation, and their grandfathers expired, and none of the legal heirs had never a chance of visiting the agricultural lands.  The issue was there from 1969.  If the legal heirs got knowledge of the site occupation only recently, there may be a chance for fighting.  The success depends on facts, circumstances, and the sincerity of Advocate in presenting circumstances facts in his plaint. 

In one case one of such cases, a  palace (Devdi)building was entrusted to his brother in law, the brother in law was collecting rent and sending it to the landlord at Hyderabad(Legal heirs of the landlord never visited the village as a suspected Naxalite was crushed under a tractor, and the blood-stained tractor was confiscated, the family fled from the village, and even after 40 years the relatives of the victim are trying to take revenge on landlord's family).  The rent was Rs.2,600/- p.a.  When recently his grandson went to see their roots, he has learned that it was in some other's possession since 1971!!!!!

1 Like

P. Venu (Advocate)     26 June 2020

Theoretcally, you can approach the court to seek their eviction. It is for the other side to plead and prove their rights or claims, if any. You alone culd be the judge whether such proceedings would be prudent or otherwise.


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